Case law

Bouchard v. Commissioner

34 T.C. 646 · United States Tax Court · Jun 30, 1960

The decedent made a transfer of the stock which as to form qualified as a joint tenancy under the statutes of Maine. … Indeed we are at a loss to understand how his clearly expressed intent that the property involved should be available to petitioner immediately upon his death without the necessity of probate of his estate could have been

Herman v. Commissioner

52 T.C.M. 1194 · United States Tax Court · Dec 18, 1986

retirement plans are deductible. 4 The requirements for plan qualification are set out in detail in section 401 , with the general rule being that a qualified plan must be established by an employer for the exclusive benefit … The facts in the record clearly indicate otherwise. The contribution deduction was taken by petitioner in his individual capacity -- not by Model Engineering.

Richard I. Presley & Martine N. Presley v. Commissioner

2018 T.C. Memo. 171 · United States Tax Court · Oct 15, 2018

(ii) Qualified Appraiser. … In order to constitute a qualified appraisal, Mr.

Point Comfort Venture v. Commissioner

60 T.C.M. 1193 · United States Tax Court · Oct 31, 1990

Whichever method is chosen must clearly reflect income. Sec. 1.451-3(a)(1), Income Tax Regs. … These cases establish, respondent argues, that section 1.451-3(a), Income Tax Regs. , applies only to sales or executory contracts which are directly productive of gross income. *656 In C. H. Swift & Sons, Inc. v.

Harlan v. Comm'r

116 T.C. 31 · United States Tax Court · Jan 17, 2001

We concluded from this that the taxpayer-wife failed to qualify for relief from joint liability under the law then in effect. See id. at 589 . … Clearly, it is now accepted that respondent must deal with the first-tier partnerships’ information returns. This was established before 1958, when the Supreme Court ruled in Colony, Inc.

Bobby Lee Rogers

United States Tax Court · Aug 2, 2021

Rogers’ claim based on the minimum threshold criteria established by the regulations. … Rogers’ claim because it failed to satisfy the minimum threshold criteria established by the regulations.

White Farm Equipment Co. v. Commissioner

61 T.C. 189 · United States Tax Court · Nov 14, 1973

The assigned valuation of the White stock in the agreement is accordingly given great weight in our determination of the fair market value of the stock because the record in the instant case clearly establishes that White … The facts noted above clearly establish that the valuation of the White stock was reached by knowledgeable parties through arm’s-length, bargaining.

Webbe v. Commissioner

54 T.C.M. 281 · United States Tax Court · Aug 26, 1987

Clearly, the property sold had a readily ascertainable value as determined by the parties to the sale. … Cosmetic improvements alone, however, do not qualify as a substantial rehabilitation.

Lenihan v. Comm'r

92 T.C.M. 463 · United States Tax Court · Dec 5, 2006

Clearly, petitioner had documents that might have shown his costs of acquiring his interests in Oxford and Kemper. … was made) into another qualified retirement account within 60 days.

Beringer Bros., Inc. v. Commissioner

18 T.C. 615 · United States Tax Court · Jun 24, 1952

position with respect to the Fawver wines than it woúld have been with respect to any other wines which might be bought in bulk in the open market and that an arrangement for such buying of wine if and when needed does not qualify … The petitioner’s standing in the trade as a producer of fine, wines had been established long since.

Bratulich v. Commissioner

60 T.C.M. 1308 · United States Tax Court · Nov 26, 1990

Wolhowe's testimony was believable, and he clearly established petitioner's involvement in drug trafficking. Evidence of these expenses consisted of used airplane tickets and hotel and restaurant receipts. … The mere understatement of income, standing alone, is not sufficient to establish fraud. . The taxpayer's entire course of conduct may be examined to establish the requisite fraudulent intent. ; .

Parshall Christian Order v. Commissioner

45 T.C.M. 488 · United States Tax Court · Jan 10, 1983

The covenant refers to the organization's "by-laws," but the content clearly shows that the reference is to the basic organizational document normally referred to as the articles of organization or charter. … Thus, the burden is on petitioner to establish its entitlement to tax exemption under section 501(c)(3) .

Melton v. Commissioner

39 T.C.M. 635 · United States Tax Court · Dec 6, 1979

At trial respondent additionally contended petitioner's "Church" would not qualify him for exemption in any event. … His 1977 Application was clearly untimely. Respondent also argues petitioner would not qualify under section 1402(h) (1) in any case.

James S. & Carol S. Callahan v. Commissioner

2013 T.C. Memo. 131 · United States Tax Court · May 22, 2013

Background The Supreme Court has defined income as “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Commissioner v. … Under section 163(h)(2)(D), “qualified residence interest” is deductible.

Green v. Commissioner

65 T.C.M. 2347 · United States Tax Court · Apr 7, 1993

This treaty does not represent a recognition of immunity of tribal Potawatomi from Federal taxation. … Copies of these checks were introduced into evidence which clearly indicate that Ms.

SIH Partners LLLP, Explorer Partner Corporation, Tax Matters Partner v. Commissioner

150 T.C. No. 3 · United States Tax Court · Jan 18, 2018

A CFC’s guaranty of a U.S. shareholder’s (or related party’s) debt clearly benefits the U.S. … Qualified dividend income includes dividends received during the taxable year from “qualified foreign corporations”. Sec. 1(h)(11)(B)(i)(II).

Wadsworth v. Commissioner

46 T.C.M. 858 · United States Tax Court · Jul 27, 1983

That Petitioners have not been granted immunity, as provided for in U.S.C. Title 18 Section 6004 , in exchange for the information *346 sought by Internal Revenue Service. D. … In our view, those findings of fact clearly and convincingly establish fraud with intent to evade tax and we rely on them in sustaining respondent's determinations under section 6653(b).

Forste v. Comm'r

85 T.C.M. 1146 · United States Tax Court · Apr 16, 2003

An agreement standing alone does not qualify as a “statute” for purposes of the regulations under sec. 104(a)(1). See Wallace v. … Forste’s claims of emotional distress qualify as claims for personal injuries for purposes of this case.

Harvey v. Commissioner

78 T.C.M. 60 · United States Tax Court · Jul 12, 1999

post-immunity tax years. … In addition, he has failed to establish that these amounts are offset by unreported deductions.

Swedelson v. Commissioner

61 T.C.M. 1650 · United States Tax Court · Jan 14, 1991

He claims three different amounts as interest expense, but cannot clearly identify what the amounts represent. … Under the Cohan rule we estimate petitioner's qualified investment to be $ 1,250.00 and tentative regular investment credit to be ten percent of the qualified investment or $ 125.00.