Case law

David F. Hewitt & Tammy K. Hewitt v. Commissioner

2020 T.C. Memo. 89 · United States Tax Court · Jun 17, 2020

Clower’s appraisal was a qualified appraisal by a qualified appraiser. … Memo. 2012-126, slip op. at 76 (finding that reasonable and good-faith reliance on a qualified appraiser is sufficient to establish reasonable cause). Finally, we note that Mr.

Hoskins v. Comm'r

105 T.C.M. 1242 · United States Tax Court · Feb 4, 2013

Thus, if either spouse qualifies as a real estate professional, the rental activities of the real estate professional are not per se passive under section 469(c)(2). … As a general rule, an asset “is clearly considered as placed in service when it is acquired and put into use” in a trade or business or income-producing activity. Piggly Wiggly S., Inc. v.

Johnson v. Commissioner

65 T.C.M. 2465 · United States Tax Court · Apr 22, 1993

Petitioners argue that the London Metal Exchange is clearly a commodity exchange. … Hence they qualify for the 6-month holding period for long-term capital gains.

McManus v. Commissioner

65 T.C. 197 · United States Tax Court · Oct 30, 1975

We believe that the agreements have clearly been reasonably used in the case at issue and should be upheld. … To help place this issue in perspective several factors have been established as particularly relevant.

Wigutow v. Commissioner

46 T.C.M. 1616 · United States Tax Court · Sep 29, 1983

The pertinent regulation clearly contemplates a plan for the benefit of a single employee. … Here, the context is even more clearly limited to salary and bonuses.

Lock v. Comm'r

2017 T.C. Summary Opinion 10 · United States Tax Court · Mar 6, 2017

Lock clearly looked forward to leaving Iraq whenever he could to spend time with his family and friends in the United States. Mr. … The question of reimbursement aside, many of the expenses in dispute were clearly personal or were not properly substantiated.

Smith v. Commissioner

56 T.C.M. 62 · United States Tax Court · Sep 6, 1988

During the course of trial, it was established that the signature on the appraisal had been forged. … Thus, in order to qualify for the investment tax credit claimed on his Federal income tax return for the taxable year 1982 and carry backs for the *449 years 1979, 1980 ad 1981, petitioner must establish that his activities

Tucker v. Comm'r

104 T.C.M. 545 · United States Tax Court · Nov 5, 2012

Petitioner is more than willing to fully answer if, immunity is given from Criminal Prosecution by this Honorable Court.” … Petitioner is more than willing to fully produce if, immunity is given from Criminal Prosecution by this Honorable Court.”

Bick v. Commissioner

37 T.C.M. 1591 · United States Tax Court · Sep 28, 1978

Their mere search for new investments clearly does not constitute a trade or business. … On the facts before us, nothing would be gained by a review of the defects in the long-established rules in this area.

Celia Mazzei v. Commissioner

150 T.C. No. 7 · United States Tax Court · Mar 5, 2018

Effective Tax Rate Cut for Qualifying Income If a corporation qualified as an FSC under section 922, its “exempt foreign trade income” (EFTI) was not taxed by the United States (more precisely, EFTI was treated as … The court reiterated that identifying such transactions can be tricky, but that the ones before it were “clearly on the legitimate side of the line.” Id. at 788.

Little v. Commissioner

65 T.C.M. 3025 · United States Tax Court · Jun 29, 1993

In the acquisition of new properties, petitioner had an established and systematic process. … Petitioner also established a clear and well-defined division of labor among his employees.

Di Bona v. Commissioner

27 T.C.M. 1055 · United States Tax Court · Sep 24, 1968

Likewise, we believe that the record clearly shows that the primary purpose of the payments was to compensate petitioner. … Why should not ISU give every qualified student a fellowship?

Scott A. Blum & Audrey R. Blum

United States Tax Court · Feb 18, 2025

We find that the witness testimony clearly establishes that the IRS adhered to its established mailing procedures when it mailed a copy of the notice partner FPAA to Bogan at the Schedule K–1 address. … First, the record, including credible witness testimony, clearly establishes that TC 914 does not prevent issuance of a notice partner FPAA.

WHITEHEAD v. COMMISSIONER

82 T.C.M. 976 · United States Tax Court · Dec 20, 2001

That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disregard it. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. at 195. … That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disregard it. See Cal-Maine Foods, Inc. v. Commissioner, supra.

Bruce W. Lemay v. Commissioner

2020 T.C. Memo. 59 · United States Tax Court · May 14, 2020

Davison also agreed that Grant Thornton’s justification paper should serve to clearly establish that the only risk of enrolling in the new tool plan and the  - 11 - [*11] tool use … Davison from organizing, establishing, promoting, selling, or offering for sale or helping to organize, establish, promote, sell, or offer for sale  - 42 - [*42] any tax plan.

L & L Marine Service, Inc. v. Commissioner

54 T.C.M. 312 · United States Tax Court · Aug 26, 1987

We accordingly conclude that the payments fail to qualify to be deducted as compensation expense. … In this case we choose to disregard the stipulated acquisition date as it is clearly a typographical error.

Childs v. Commissioner

27 T.C.M. 322 · United States Tax Court · Apr 9, 1968

All that the *250 resolutions establish is, in each instance, the simple acceptance of an offer, to purchase a certain number of shares of stock, i.e., the entering into a contract to sell some shares of stock. … The evidence does not establish here that there was a "plan" within the meaning of section 1244 (c) (1) (A).

Buxbaum v. Commissioner

64 T.C.M. 1376 · United States Tax Court · Nov 24, 1992

As alternative reasons for her disallowance of the alleged Eagle Film partnership losses, respondent stated that petitioners' method of accounting did not clearly reflect income and that they had failed to establish that … Clearly, respondent's position up to this point in the proceedings was justified. .

Estate of Waters v. Commissioner

67 T.C.M. 2837 · United States Tax Court · Apr 28, 1994

What that means in this case is that, if Barbara could establish that she had any vested rights in decedent's property at the time the separation agreement was entered into, she might well establish some consideration for … which were labeled as Qualified Domestic Relations Orders.

Levy v. Commissioner

91 T.C. 838 · United States Tax Court · Nov 2, 1988

The language “other similar arrangements” is not specifically defined in the Code or in the legislative history, but the legislative history does evidence concern with situations in which investors are effectively immunized … Equipment leasing transactions (that are economically viable and that are not sham transactions) would appear to qualify as a type of significantly tax-motivated transaction that Congress intended to encourage.