Case law

Khinda v. Comm'r

2017 T.C. Summary Opinion 32 · United States Tax Court · May 11, 2017

Individuals, however, are allowed a deduction for “qualified residence interest”. Sec. 163(h)(3). A qualified residence is the taxpayer’s principal residence and one other residence of the taxpayer. … relating to home mortgage interest and the nonbusiness energy credit, have been sustained as a result of petitioner’s concession that apartment 3B was not a residence during the years in issue, even though petitioner clearly

Nemeth v. Commissioner

45 T.C.M. 58 · United States Tax Court · Nov 8, 1982

The correspondence between petitioner's counsel in the divorce proceedings and his ex-wife's counsel clearly does not establish the existence of a written agreement as required by the statute.Mr. … to the question as to whether petitioner qualifies for head of household filing status, section 2(b) provides the general rule that an individual, in order to qualify as head of household, must be unmarried at the close

Lovelady v. Commissioner

56 T.C.M. 689 · United States Tax Court · Nov 16, 1988

A "qualified individual" is defined in section 911(d)(1) 2 as one who has a "tax home" in a foreign country and who (1) as a citizen of the United States, establishes to the satisfaction of the Secretary that he has been … Sec. 911(d) provides in part, as follows: (1) Qualified individual. -- The term "qualified individual" means an individual whose tax home is in a foreign country and who is -- (A) a citizen of the United States and establishes

Puckett v. Commissioner

37 T.C.M. 1382 · United States Tax Court · Aug 25, 1978

The statute requires a higher standard of proof of the custodial parent in such cases: It is our view that the common import of the words "clearly establish," as used in section 152(e)(2)(B)(ii) , requires only that it be … Puckett offered credible testimony which clearly and unequivocally established her expenses, and we conclude that her evidence meets the higher standard of proof required of her.

Epstein v. Commissioner

67 T.C.M. 2046 · United States Tax Court · Jan 26, 1994

Although the parties do not indicate with precision the amount of depreciation allowable with respect to the Ludlow property during the year in issue, the allocable portion of that amount clearly exceeds the remaining $ 1,776.89 … In sum, petitioners are entitled to deductions as follows: (1) Qualified residence interest and taxes of $ 2,273.11 under sec. 280A(c)(5) , (2) depreciation of $ 1,776.89 under sec. 280A(c)(5) , and (3) remaining qualified

Watson v. Comm'r

96 T.C.M. 418 · United States Tax Court · Dec 10, 2008

She testified that Colonel Watson never mentioned to her any tax breaks associated with the investment, and she argues: “Here the record clearly establishes that * * * Petitioner and Colonel Watson entered * * * [into … Memo. 2001-185 (rejecting argument that investment motivated “solely by the potential to earn a profit” immunized taxpayers from obligation to understand tax consequences of investment).

Rent-A-Center, Inc. v. Commissioner

142 T.C. 1 · United States Tax Court · Jan 14, 2014

Ct. pp. 13-14 (“We consider all of the facts and circumstances to determine whether an arrangement qualifies as insurance.”). … Whatever the merit of that argument generally, as applied to the guaranty it clearly proves too much.

Dundee Citrus Growers Ass'n v. Commissioner

62 T.C.M. 879 · United States Tax Court · Sep 30, 1991

In analyzing Cotter's situation, the Federal Circuit found: "The facts clearly establish that taxpayer must retain large amounts of capital, must retain liquidity, and must borrow money in order to function as a cooperative … We found the interest income earned in , qualified as patronage sourced.

Gaitan v. Comm'r

103 T.C.M. 1010 · United States Tax Court · Jan 3, 2012

Proc. 2003-61, sec. 4.01(7) means that she does not qualify for section 6015(f) relief. See Rev. … She did not contend that she qualified for section 6015(c) relief. 5.

Hoang v. Comm'r

105 T.C.M. 1754 · United States Tax Court · May 15, 2013

Hoang earned $13,964 in qualified dividend income during the 2006 tax year. The notice of deficiency determined that Hoang received qualified dividend income of $13,964 during the 2006 tax year. … Hoang did not report any qualified dividend income on the return he filed on September 2, 2009. The IRS’s determination is established through deemed admissions (paragraph 2).

Haller v. Comm'r

100 T.C.M. 9 · United States Tax Court · Jul 6, 2010

Moreover, Congress clearly 9 (...continued) exception. United States v. Brockamp, 519 U.S. 347, 350-351 (1997). … To be eligible, the taxpayer must present proof of a qualifying impairment in the form and manner specified by the Secretary. Id. The Secretary has established that form and manner in Rev.

Schreiber v. Commissioner

47 T.C.M. 680 · United States Tax Court · Dec 19, 1983

Commissioner, 309 F.2d 373 , 376-379 (9th Cir. 1962) , affg. 36 T.C. 896 (1961)) to a qualified entity, and they must establish the value of that gift. … (They have not even clearly stated how much of a deduction they are claiming.)

Erika G. Barrera v. Commissioner

2014 T.C. Summary Opinion 30 · United States Tax Court · Apr 1, 2014

The monthly account statements clearly listed electronic deposits made by Mr. Moncada’s employers, including the DOD. Even a cursory review of those bank statements would have revealed that Mr. … does not qualify for streamlined relief because (as discussed above) she had actual 7 Rev.

Angell v. Commissioner

52 T.C.M. 939 · United States Tax Court · Oct 27, 1986

That qualifies the underpayments as substantial underpayments. … The evidence clearly and convincingly establishes otherwise. It demonstrates that petitioner purchased the contributed artworks for a fraction of the amounts he claimed as charitable contributions.

Owens v. Commissioner

36 T.C.M. 963 · United States Tax Court · Jul 25, 1977

Merely relying upon their uninformed belief that they were not liable for tax is clearly insufficient. Saigh v. Commissioner, 36 T.C. 395 , 430 (1961) . … The Court will not permit a party to a stipulation to qualify, change, or contradict a stipulation in whole or in part, except *221 that it may do so where justice requires.

Wilhelm v. Commissioner

46 T.C.M. 176 · United States Tax Court · May 18, 1983

She was clearly in error in this regard. … The evidence now before the Court clearly establishes that petitioner received gross payments from her employer during 1978 totaling $33,608.24.

Embroidery Express, LLC v. Comm'r

112 T.C.M. 76 · United States Tax Court · Jul 21, 2016

and are owned or leased by the person operating the establishment. … However, sec. 170(f)(11)(C) requires a qualified appraisal for “a deduction of more than $5,000”. Therefore, the maximum that petitioners can deduct without a qualified appraisal is $5,000.

Jentzsch v. Commissioner

54 T.C.M. 850 · United States Tax Court · Sep 30, 1987

His filing of income tax returns for 1965 through 1974 shows clearly that he knew of his obligation to report his income and to pay taxes. … Thus, where there is a failure to file and where respondent has shown unreported income on which withholding has been prevented by submitting false Forms W-4, we have repeatedly held that fraud has been established by clear

Pohoski v. Commissioner

75 T.C.M. 1574 · United States Tax Court · Jan 13, 1998

Petitioners allocate the total time evenly between the Maui and Molokai condos, yet they clearly had much more success in renting the Maui condo than the Molokai condo. … Indeed, we find that petitioners clearly spent more time than Rainbow Reservations in marketing, renting, and repairing the Maui condo.4 Cf. Chapin v. Commissioner, T.C. Memo. 1996-56.

August F. Nielsen Co. v. Commissioner

27 T.C.M. 44 · United States Tax Court · Jan 18, 1968

It is well established that in determining, for tax purposes, whether notes issued by a closely held corporation to its stockholders represent true indebtedness or an equity interest, the substance of the transaction and … Gamman, supra, would clearly be applicable.