Case law

Dow Jones & Co. v. Commissioner

41 T.C. 102 · United States Tax Court · Oct 29, 1963

Since we have concluded that the taxpayer has failed to qualify for relief, there is no need to discuss the petitioner’s proposed constructive average base period net income. … (a) General Rule. — In any case in which the taxpayer establishes that the tax cont* puted under this subchapter (-without the benefit of this section) results In an excessive and discriminatory tax and establishes what would

Rutz v. Commissioner

66 T.C. 879 · United States Tax Court · Aug 18, 1976

The parties have stipulated that the monthly summaries qualify as contemporaneous records. … were for activities primarily for the benefit of qualifying employees as described in sec. 274(e)(5).

Lambos v. Commissioner

88 T.C. 1440 · United States Tax Court · Jun 1, 1987

Furthermore, we note that section 404(a)(1)(C) of ERISA imposes a fiduciary duty to diversify the investments of any plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not … The attendant circumstances do not establish that the absence of geographic dispersion is clearly prudent.

Tempel v. Comm'r

136 T.C. 341 · United States Tax Court · Apr 5, 2011

Background On December 17, 2004, petitioners, George and Georgetta Tempel, husband and wife, donated a qualified conservation easement to the Greenlands Reserve, a qualified organization, on approximately 54 acres of petitioners … This well-established presumption is grounded in the elementary proposition that the principal function of a legislature is not to make contracts, but to make laws that establish the policy of the state.

Sonora Community Hospital v. Commissioner

46 T.C. 519 · United States Tax Court · Jul 26, 1966

In 1961, petitioner hired a qualified radiologist, Dr. Robert Powell, to take charge of the radiological services. … establish that petitioner was not operated exclusively for “charitable” purposes within the requirements of the statute.

Pipe v. Commissioner

23 T.C. 99 · United States Tax Court · Oct 22, 1954

The sole issue is whether decedent’s disposition of certain property qualifies for the marital deduction provided by section 812 (e), Internal Eevenue Code of 1939. All of the facts have been stipulated. … Y. 512 , a provision similar to that now before us was said to “clearly indicate an intention” to limit the wife’s power of disposition to her life so that “By the will, the wife took an estate for life, * * * with remainder

Springfield Plywood Corp. v. Commissioner

18 T.C. 17 · United States Tax Court · Apr 4, 1952

Here, the correspondence carried on between the incorporators clearly indicates the many changes in the capital structure prior to the organizational meeting in March 1940. … (a) General Role. — In any case In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Banks v. Commissioner

17 T.C. 1386 · United States Tax Court · Feb 28, 1952

Other indication of an intent to establish an employer-employee relationship is found in the specification that the petitioner would be assigned to do research work on the project under the direction of Dr. … petitioner was a graduate student while doing research work under the appointments, i. e., while he was a member of the Institute’s research staff, he had training and skill and evidently received the appointment because he was qualified

Gunderson Bros. Engineering Corp. v. Commissioner

42 T.C. 419 · United States Tax Court · May 21, 1964

Clearly, in the instant case the finance charge represents an amount allowed by law and fixed by the parties for the forebearance of money. … However, petitioner does not argue that it qualifies nor does petitioner argue that because of this amount it qualifies as a person under sec. 2 of the Act.

Nathaniel A. Carter & Stella C. Carter v. Commissioner

United States Tax Court · Feb 3, 2020

Section 170(h)(1) defines "qualified conservation contribution" to mean "a contribution--(A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes."5 The term … By contrast, Judge Dennis, in a separate opinion in BC Ranch, dissenting in part and concurring in part, clearly accepted our Belk analysis.

Old Equity Life Ins. Co. v. Commissioner

67 T.C. 48 · United States Tax Court · Oct 18, 1976

To the tax base established by phase 1, phase 2 adds 50 percent of the excess of the company’s gain from operations over the taxable investment income. … Congress carefully focused on and clearly understood the nature of guaranteed renewable contracts.

Ainsworth Mfg. Corp. v. Commissioner

23 T.C. 372 · United States Tax Court · Nov 30, 1954

The evidence as a whole justifies the belief that the volume of the business of the petitioner had become reasonably well established by 1934 and it is proper, under all of the circumstances, to recognize a higher normal … not require consideration in view of the holding that it qualifies on this basis under section 722 (b) (2).

Watson v. Commissioner

31 T.C. 1014 · United States Tax Court · Feb 18, 1959

The record clearly shows that petitioner undertook the course for educational purposes and that his aim was to maintain and improve his skill as an internist. … B’s expenses are not deductible because the course of study qualified him for a specialty within his trade or business.

Kentucky Bar Foundation, Inc., etc. v. Commissioner

78 T.C. 921 · United States Tax Court · Jun 9, 1982

Thus, the plan clearly serves a charitable purpose. See sec. 1.501(c)(3) — 1(d)(2), Income Tax Regs. … As set forth above, any private or nonexempt purpose resulting from these efforts clearly is insignificant and tenuous.

Clark v. Commissioner

86 T.C. 138 · United States Tax Court · Feb 6, 1986

The Fifth Circuit’s misunderstanding of the Wright holding is even more clearly evidenced in General Housewares Corp. v. United States, 615 F.2d 1056 (5th Cir. 1980). … In that case, pursuant to a plan of reorganization qualifying as such under sec. 368(a)(1)(C), the two shareholders of Olivier Co., Inc.

TSR, Inc. v. Commissioner

96 T.C. 903 · United States Tax Court · Jun 25, 1991

Once the data for the game was collected and the basic game format was established, petitioner’s employees “play tested” the new game. … However, the same can be said for research in connection with the development of other products which clearly do not qualify for the section 44F credit. For instance, an author may conduct research on a novel.

Estate of Harper v. Commissioner

93 T.C. 368 · United States Tax Court · Sep 21, 1989

However, as previously stated, the statutory provisions of both Ohio and Kentucky establish the validity of the inter vivos pour-over trust. … The phrase “property interests offered thereunder” in section 20.2056(e)-2(c), Estate Tax Regs., clearly refers to property interests devised or bequeathed to the surviving spouse by the will.

Poirier & McLane Corp. v. Commissioner

63 T.C. 570 · United States Tax Court · Mar 10, 1975

In fact, the requirement of participation by the other party to the litigation in a qualifying section 461(f) transfer was even more clearly spelled out in the proposed regulation: A taxpayer may provide for the satisfaction … Nothing in the legislative history suggests that Congress intended to establish any such regime, nor does it seem likely that it would have intentionally so legislated.

Nathaniel A. Carter & Stella C. Carter v. Commissioner

United States Tax Court · Feb 3, 2020

Section 170(h)(1) defines "qualified conservation contribution" to mean "a contribution--(A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes."5 The term … By contrast, Judge Dennis, in a separate opinion in BC Ranch, dissenting in part and concurring in part, clearly accepted our Belk analysis.

Uecker v. Commissioner

81 T.C. 983 · United States Tax Court · Dec 19, 1983

grazing districts on various Federal lands and to issue grazing permits to certain qualified persons. 4 Section 3 of the act 5 establishes a system of priorities concerning the granting of such grazing privileges and defines … The Commissioner denied petitioners’ claimed credit on the basis that the property did not qualify.