Case law

Crowley v. Commissioner

66 T.C.M. 1180 · United States Tax Court · Nov 1, 1993

In the instant case, the record establishes that petitioner resided in the United States during 1980. The record also establishes that, although petitioner and Mr. … Clearly, such testimony does not establish any basis for finding that the deductions are without any basis in fact or law.

Charles F. and Susan G. Glass v. Commissioner

124 T.C. No. 16 · United States Tax Court · May 25, 2005

regulations established by the Internal Revenue Service governing such transfers and the laws of the State of Michigan. … regulations established by the Internal Revenue Service governing such transfers and the laws of the State of Michigan.

Tuckett v. Commissioner

46 T.C.M. 1413 · United States Tax Court · Sep 19, 1983

deemed admitted and conclusively established. … In our view, those facts, which we have set forth hereinbefore in our findings of fact, clearly and convincingly establish fraud with intent to evade tax and we rely on them in sustaining respondent's determinations under

Smith v. Commissioner

91 T.C. 733 · United States Tax Court · Oct 3, 1988

The memorandum clearly warned, however, that financial success, in terms of K-Fuel development, was highly unlikely. … A sporadic activity * * * does not qualify. [Commissioner v. Groetzinger, 480 U.S. 23, 34 (1987).]

Spireas v. Comm'r

112 T.C.M. 262 · United States Tax Court · Aug 24, 2016

However, the felodipine formulation was novel, useful, and nonobvious, and it qualified as patentable. … During the negotiations toward the agreement petitioner clearly had, as a primary goal, maintaining control over the liquisolid technology.

East Coast Equipment Co. v. Commissioner

21 T.C. 112 · United States Tax Court · Oct 22, 1953

We think our findings of fact in respect of this issue clearly indicate that the allowable deduction for compensation paid her for services in 1948 is reasonably the amount of $ 1,200. … The evidence establishes that the petitioner relied upon the advice of both its accountant and its attorney and failed to file an excess profits tax return for 1946 as the result of this advice.

Klarkowski v. Commissioner

24 T.C.M. 1827 · United States Tax Court · Dec 30, 1965

Charles Road for cash and 66 acres of vacant land qualifies as a nontaxable exchange pursuant to section 1031, I.R.C. 1954 ; (2) whether petitioner Richard H. … We think the evidence clearly establishes that this property was held for investment rather than for sale to customers in the ordinary course of a trade or business.

Goldwyn v. Commissioner

9 T.C. 510 · United States Tax Court · Sep 30, 1947

Of the 12 shareholders, 7 nominally held 1 qualifying share each on account of another, and 1 was a corporation of Mary Pickford and Douglas Fairbanks. … In my opinion, it is just such a showing that is necessary to establish constructive receipt of a dividend, and such showing is wholly absent here.

Childs v. Commissioner

42 T.C.M. 1105 · United States Tax Court · Sep 21, 1981

To qualify as a day of business use, the facility must be "primarily used" on that day for "the conduct of a substantial and bona fide business discussion." … The log and related testimony simply do not establish clearly that "the active conduct" of business was "the principal character or aspect" of the boat's use. Sec. 1.274-2(c)(3)(iii), Income Tax Regs. See Fiorentino v.

Smith v. Commissioner

70 T.C. 651 · United States Tax Court · Aug 14, 1978

The final issue is whether Martha Smith qualifies as an innocent spouse under section 6013(e)(1) for relief from liability for the tax deficiency arising from the redemption of the Smith estate stock. … The evidence of record establishes that her husband kept her generally informed of the negotiations and the 1971 settlement.

Grumbles

64 T.C.M. 606 · United States Tax Court · Aug 27, 1992

In summary, the Secretary clearly had authority under section 7805(d) to prescribe a deadline by which the TRA section 1124(a) election had to be made. … Neither Notice 87-13 , 1987- 1 C.B. 432 ↩ , nor the instructions to the 1987 version of Form 4972 indicated whether the deadline had been established by the Secretary, or whether another official had established such deadline

Cottage Sav. Asso. v. Commissioner

90 T.C. 372 · United States Tax Court · Mar 14, 1988

The December 31, 1980, transactions met the criteria of Memorandum R-49 of the FHLBB and qualified for nonrecognition of loss under RAP. … no useful life had been established for the mass of the contracts.

Young v. Comm'r

104 T.C.M. 268 · United States Tax Court · Sep 4, 2012

- 16 - [*16] Clearly Mrs. Young was aware of the real estate activity during the years at issue. However, Mr. … For all five of the Schedule C activities, there is not sufficient evidence to establish that Mrs.

Murphy v. Commissioner

66 T.C.M. 32 · United States Tax Court · Jul 7, 1993

In either event, however, it is the taxpayer who bears the burden of establishing that conversion to the requisite profit-motivated purpose has occurred. Grant v. … It clearly appears on this record that there was no such motive at all, not even a secondary motive to realize a profit on conversion.

Durgom v. Commissioner

33 T.C.M. 276 · United States Tax Court · Mar 7, 1974

Clearly petitioners have established that the Palm Springs house was used primarily for business purposes. … Therefore, whether or not Bullets' expenditures qualified as "directly related" under section 1.274-2(c) (3), Income Tax Regs. , they also so qualified *281 under section 1.274-2(c) (4), Income Tax Regs.

Caskey v. Commissioner

73 T.C.M. 2549 · United States Tax Court · Apr 7, 1997

The Supreme Court has held that gross income includes all clearly realized accessions to wealth over which a taxpayer has complete dominion. James v. United States, 366 U.S. 213, 219 (1961)(citing Commissioner v. … Respondent has established that this case presents no genuine issue as to any material fact and that she is entitled to summary judgment as a matter of law.

Kazhukauskas v. Comm'r

104 T.C.M. 31 · United States Tax Court · Jul 11, 2012

Where taxpayers fail to keep such books and records, the Commissioner is authorized to reconstruct the taxpayers’ income under any method that, in the Commissioner’s opinion, clearly reflects income. … Those stipulations are treated as a binding and conclusive admission that may be qualified, changed, or contradicted only where justice requires it. See Rule 91(e).

MCNAIR v. COMMISSIONER

2004 T.C. Summary Opinion 115 · United States Tax Court · Aug 25, 2004

Petitioner’s  - 3 - returns contained numerous errors and claims for deductions to which she clearly was not entitled. … Section 24(a) provides for a child tax credit with respect to each “qualifying child” of the taxpayer, and section 24(d) provides for an additional child tax credit for a taxpayer with three or more qualifying children

Antuna v. Commissioner

36 T.C.M. 1778 · United States Tax Court · Dec 27, 1977

Respondent has not contended that petitioner's pursuit of her master's qualified her for a "new trade or business". See Regs. § 1.162-5(b)(3). … And it is now clearly established that the subjective purposes of the individual in obtaining the education are irrelevant. Objective standards must be applied. Weiler v. Commissioner, 54 T.C. 398 (1970) ; Bodley v.

Kunsman v. Commissioner

49 T.C. 62 · United States Tax Court · Nov 2, 1967

The evidence in this case shows that the elements of the lump-sum payment made to petitioner in 1962 were separately and clearly identified by RCA's personnel vice-president. … The 1962 replacement did not establish the loss.