Case law

Lisle v. Commissioner

35 T.C.M. 627 · United States Tax Court · May 4, 1976

Held: The 20-year payout period does not per se prevent the sale from qualifying as a redemption under Sec. 302(b)(3), I.R.C. 1954 . … The record clearly establishes that Claude Lisle's managerial capabilities have been questioned as far back as when John Lisle, the father, managed the funeral business.

Purvis v. Commissioner

46 T.C.M. 593 · United States Tax Court · Jun 23, 1983

The Petitioner was convicted on purely circumstantial evidence, and the key witness * * * was a * * * twice-convicted felon, namely, Eddie Olin Roberts, who was granted prosecutorial immunity. … These facts are judicially established, and they amply show petitioner's linkage to the income-producing activity required by the Weimerskirch-Llorente rule. 7 Our holding that the foregoing facts have been judicially established

Korchak v. Comm'r

92 T.C.M. 199 · United States Tax Court · Aug 30, 2006

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. 181, 195 (1989). … Korchak were claiming a substantial loss and tax credit attributable to the Madison investment, as that information was clearly set forth in a schedule attached to the return.

University of Maryland Physicians v. Commissioner

41 T.C.M. 732 · United States Tax Court · Jan 26, 1981

. *722 Petitioner is a professional service corporation established by four clinical departments of a teaching hospital associated with the University of Maryland School of Medicine. … This income-producing activity clearly serves both charitable and educational purposes.

Thompson v. Commissioner

63 T.C.M. 2883 · United States Tax Court · Apr 28, 1992

Thompson does not qualify under section 6004 of TAMRA for two reasons. … Section 6004 clearly anticipates liability relief also for amounts determined but not yet assessed. *269 Respondent also contends that section 6004 of TAMRA applies only to cases in which a judicial "determination" was made

De Martino v. Commissioner

51 T.C.M. 1278 · United States Tax Court · Jun 30, 1986

Hamilton agreed to cooperate in exchange for both Federal and State immunity from prosecution. … In order to qualify for relief under this so-called innocent spouse provision, the spouse must prove that: (1) A joint return was filed; (2) there was a substantial understatement *388 of tax on the return attributable to

Waterhouse v. Commissioner

68 T.C.M. 744 · United States Tax Court · Sep 21, 1994

However, Congress did not create an exception to alleviate this possible hardship, and we must apply the law as it is established. … We believe that the record clearly establishes that petitioner was indebted to the Veterans' Administration for the disability payments he received while he was on active duty with the Marine Corps, and that such indebtedness

Tilford v. Commissioner

75 T.C. 134 · United States Tax Court · Oct 20, 1980

Petitioner did not desire to liquidate the company, and Winston was then asked to find a qualified manager. … Thus, it would appear that section 1.83-6(d), Income Tax Regs., is clearly outside the scope of the statutory provisions of section 83.

Friedman v. Commissioner

64 T.C.M. 975 · United States Tax Court · Oct 1, 1992

Friedman *612 contends that petitioner's testimony that he was the owner of FICOR, Ltd. is sufficient to establish that she is an innocent spouse. At trial, no evidence was introduced which would establish that Mrs. … Instead, it tends to establish respondent's contention that the workmanship was merely defective.

Bergan v. Commissioner

1 T.C. 543 · United States Tax Court · Feb 9, 1943

Goggin, is the duly appointed, qualified and acting executrix of the estate of Sarah A. Bergan, deceased. Her residence is in New York, New York. *545 Sarah A. … We adopt the lower figure in view of the insufficiency of the evidence to adequately establish a higher figure than that.

Benton Williams, Jr. v. Commissioner

151 T.C. No. 1 · United States Tax Court · Jul 3, 2018

Petitioner has not disputed that the distribution from Principal Life Insurance Co. was a distribution from a qualified retirement plan. … Statutory Construction A long-established canon of statutory construction is that “[w]here there is no clear intention otherwise, a specific statute will not be controlled or nullified by a general one, regardless

Morris Trusts v. Commissioner

51 T.C. 20 · United States Tax Court · Oct 9, 1968

These specific directions by the grantors, stated clearly and unequivocally, cannot be ignored. … The validity of the long-established policy of the Court in deferring, where possible, to congressional procedures in the tax field is clearly indicated in this case. n12 * * * [Footnote omitted.]

Hilton v. Commissioner

74 T.C. 305 · United States Tax Court · May 19, 1980

In short, he did not consider many of the factors which would normally be considered by a qualified appraiser. … Had that been done, the $95,000. paid by 37th P.A. would clearly not have been a deductible expense.

Peck v. Commissioner

15 T.C. 788 · United States Tax Court · Dec 6, 1950

The petitioners are the duly appointed, qualified and acting guardians of the Estate of Alma Peck, Incompetent, and the Estate of Leland Peck, Incompetent, respectively. … It was clearly in accordance with Peck's procedures during his lifetime.

Steel Constructors, Inc. v. Commissioner

37 T.C.M. 1851 · United States Tax Court · Dec 11, 1978

While admittedly not the product of a lawyer's pen, the contract hereunder establishes a method of compensation for Hawes and several other employees. … He is well qualified to manage *42 petitioner's business based upon his skills and abilities developed through years of business experience as an iron worker, foreman, and division manager.

Rodney v. Comm'r

53 T.C. 287 · United States Tax Court · Nov 25, 1969

No legal principle is so deeply imbedded as to be immune from being uprooted when shown to be clearly erroneous. … Dolan , 44 T.C. 420 (1965) , cited in the majority opinion, are clearly distinguishable. None of those cases involved collateral estoppel.

Circle K Corp. & Consol. Subsidiaries v. Commissioner

43 T.C.M. 1524 · United States Tax Court · May 26, 1982

Whether certain property qualifies as section 38 property *457 so as to entitle petitioners to investment credits claimed therefor. 2. … petitioner has presented to establish that the cold storage room also functioned as an integral part of the manufacturing process.

Korchak v. Comm'r

2005 T.C. Memo. 244 · United States Tax Court · Oct 18, 2005

Petitioner, however, has failed to establish that he gave due consideration to the numerous caveats and warnings in the POM, that he was qualified to value the recyclers and related equipment, or that he otherwise acted … Although petitioner had read the general partner opinion contained in the POM, the opinion clearly stated that no one but the general partner could rely on it.

Alice Perkins & Fredrick Perkins v. Commissioner

150 T.C. No. 6 · United States Tax Court · Mar 1, 2018

. * * * [T]o be valid, exemptions to tax laws should be clearly expressed”). … Div. 1993) (1842 Treaty “clearly refers only to taxes levied upon real property or land”), aff’d, 84 N.Y.2d 941 (N.Y. 1994)).

Dailey v. Commissioner

47 T.C.M. 1150 · United States Tax Court · Feb 27, 1984

Wages are clearly taxable income under the Internal Revenue Code, section 61(a) . Such taxation is clearly constitutional, Eisner v. Macomber, 252 U.S. 189 (1920) ; Commissioner v. … were clearly items of a capital nature to be used in carrying on his video taping business.