Case law

Harding v. Commissioner

51 T.C.M. 1461 · United States Tax Court · Jul 21, 1986

A packet of literature sent to petitioners from LMI set forth a method by which LMI claimed petitioners could organize an "in-home-church" affiliated with LMI which would qualify as a tax exempt organization under section … Although not controlling, the memorandum decisions cited by respondent in support of his argument 4 are clearly distinguishable from the case before us.

MacManus v. Commissioner

8 T.C. 330 · United States Tax Court · Feb 18, 1947

As so stipulated, those material to the issues are as follows: The petitioners are duly qualified executors of the estate of Theodore F. MacManus, deceased. … The testator established a residual trust with the Detroit Trust Co., Alice H. MacManus, and John R.

3M Company and Subsidiaries

United States Tax Court · Feb 9, 2023

* * * in the National Archives Establishment”. … We think clearly not. In Nicholas A.

Bryant

64 T.C.M. 1395 · United States Tax Court · Nov 25, 1992

Memo. 1989-527 , that petitioner's mining activities in connection with the Austin Mine did not lack economic substance and that amounts expended by petitioners in connection thereto qualify as mine development expenses pursuant … Memo. 1989-527 , we agreed with respondent that a provision contained *737 within the mining contract involving the Austin Mine immunized petitioner from any realistic possibility of suffering an economic loss and, therefore

Singleton-Clarke v. Comm'r

2009 T.C. Summary Opinion 182 · United States Tax Court · Dec 2, 2009

was qualified to perform afterward. … The decisive factor generally is whether the taxpayer was already established in their trade or business.

Parker v. Comm'r

112 T.C.M. 459 · United States Tax Court · Oct 25, 2016

Petitioners clearly incurred some car and truck expenses during 2010 be- cause Mid-Atlantic was in the towing business. … Reasonable cause can be shown by good-faith reliance on the advice of a qualified tax professional. Sec. 1.6664-4(b)(1), (c), Income Tax Regs.

Heinrich C. Schweizer

United States Tax Court · Oct 6, 2022

Of particular relevance to this case, petitioner was clearly famil- iar with Form 8283 and the section 170(f)(11) reporting requirements. … This further establishes that peti- tioner was personally familiar with Form 8283 and its requirements. We have consistently held that blind reliance on a return pre- parer is not a defense.

Rent-A-Center, Inc. and Affiliated Subsidiaries v. Commissioner

142 T.C. No. 1 · United States Tax Court · Jan 14, 2014

Ct. p. 22 (“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.

Meenk v. Commissioner

29 T.C.M. 1393 · United States Tax Court · Oct 29, 1970

Although phrased negatively, section 152(e)(2)(B)(ii), in effect, requires the parent having custody to "clearly establish" that he provided more for the support of a child than the parent not having custody. … Having carefully examined the entire record before us, we conclude that respondent has clearly established that Mildred provided more toward the support of Jeanne and of William than petitioner during 1967. Allen F.

Jeffrey Wilfred Heedram v. Commissioner

2018 T.C. Memo. 25 · United States Tax Court · Mar 7, 2018

We conclude that petitioner fails to qualify for a streamlined determination of relief. … We conclude on this record that petitioner has established that he reasonably expected Ms. Fegans to pay the tax liability reported on the joint return.

Mysse v. Commissioner

57 T.C. 680 · United States Tax Court · Feb 28, 1972

The testimony, however, clearly shows that tlie Oldsmobile automobile was traded for tlie Jaguar witli an additional cash outlay which we have estimated at only $1,000. … Respondent’s -assumption that most of these excess funds were expended during 1963 is clearly unreasonable, at least in the light of Patricia’s knowledge.

Smith v. Commissioner

4 T.C. 573 · United States Tax Court · Jan 16, 1945

A., 2d Cir.), 137 Fed. (2d) 141 , it was held that, where a grantor-trustee established a trust for the benefit of his wife and daughter and could control the allocation of the trust income among the members of his family … His doing so clearly indicates that he did not intend to impose upon himself fiduciary restraints enforceable by the trust beneficiaries.

Forrester v. Commissioner

49 T.C. 499 · United States Tax Court · Feb 20, 1968

(b) The deduction of $ 8,300.00 claimed on your 1963 return as your distributive share of the net operating loss of Apache Park Development Co., Inc., is disallowed because it is determined that the corporation does not qualify … 790 , *187 the court said: * * * * "Where the claim is made that property purchased during the existence of a marriage is the separate property of one of the spouses, the fund with which such property was acquired must be clearly

Earle v. Commissioner

5 T.C. 991 · United States Tax Court · Oct 26, 1945

. * * * * The will also nominated Harold and Stewart Earle as executors, and they were appointed, qualified, and served as such until the administration of the estate was concluded on August 16, 1926. … Of course, the general rule may be varied by the terms of the trust instrument or the will establishing the trust, but the instrument before us is silent with respect to the treatment of *72 capital gains and losses.

Fox Park Corp. v. Commissioner

50 T.C.M. 917 · United States Tax Court · Aug 27, 1985

Petitioner's acquisition of its interest in "By the Blood of Others" clearly fails both tests. … The evidence of record clearly establishes that the film "By the Blood of Others" was used property when petitioner and Harjefs acquired it.

Complex Media, Inc.

United States Tax Court · Mar 31, 2021

Petitioner is also circumspect in acknowledging the nondisavowal principle most clearly expressed in the Supreme Court's opinion in Nat'l Alfalfa. … Nonetheless, petitioner urges us to apply the "principle" established in Cohan v.

Caracci v. Comm'r

118 T.C. 379 · United States Tax Court · May 22, 2002

The market approach establishes the value of a privately held corporation through analyses of sales or transfers of guideline companies. … The transfer of most of the assets involved in this case is clearly attributable to the familial relationship between the Caracci parents and their children.

Complex Media, Inc.

United States Tax Court · Mar 31, 2021

Petitioner is also circumspect in acknowledging the nondisavowal principle most clearly expressed in the Supreme Court's opinion in Nat'l Alfalfa. … Nonetheless, petitioner urges us to apply the "principle" established in Cohan v.

Gloria Ononuju

United States Tax Court · Jul 26, 2021

To qualify for this exception, it must be established that “there were sig- nificant mitigating factors with respect to its failure to report” or that the failure “arose from events beyond * * * [its] control,” and that it … To qualify for this treatment, the disqualified person must establish two facts “to the satisfaction of the Secretary.” Sec. 4962(a).

Harriman v. Commissioner

26 T.C.M. 941 · United States Tax Court · Oct 4, 1967

Petitioners' "debt" was clearly unenforceable within the meaning of respondent's regulation. … Only a bona fide debt qualifies for purposes of section 166 ↩ .