Case law

Rebecca A. Tressler

United States Tax Court · Sep 13, 2021

Commissioner, 93 T.C. 181, 195 (1989) (holding that the Tax Court may disregard a stipulation between parties where justice requires it if the stipulation is clearly contrary to the facts disclosed by the record). 4 … Damages for emotional distress generally do not qualify for the section 104(a)(2) gross income exclusion because emotional distress is not treated as a physical injury or physical sickness.

Vodantis v. Commissioner

13 T.C.M. 45 · United States Tax Court · Jan 22, 1954

regularly employed in keeping the books of the taxpayer, or 'if the method employed does not clearly reflect the income.' … The evidence clearly establishes that neither of those qualifying conditions existed here * * *. An accurate computation of income for all years in question could have been made from the books of account."

John Mayer, Jr. & Kerry M. Mayer v. Commissioner

2013 T.C. Summary Opinion 39 · United States Tax Court · May 21, 2013

The plan was a qualified retirement plan as defined in section 4974(c) such that an early distribution from the plan would, absent some exception, be subject to a 10% additional tax provided for by section 72(t). … Moreover, the record clearly shows that on more than one occasion petitioners were informed that the hardship withdrawal was likely subject to the 10% additional tax.

Zehnder v. Commissioner

32 T.C.M. 1189 · United States Tax Court · Nov 21, 1973

or fellowship who is not a candidate for a degree at an educational institution defined in section 151(e) (4). t is well settled that before the exclusionary provisions of section 117 become operative, it must first be established … The treatment accorded them by the hospital was clearly inconsistent.

Nitsche v. Commissioner

41 T.C.M. 1605 · United States Tax Court · May 28, 1981

Physical damage to property caused by a flood is clearly a casualty within the purview of section 165(c)(3), and respondent concedes that petitioners suffered some such damage which qualified for deduction on their 1971 federal … To establish the amount of the casualty loss, the relevant fair market values "shall generally be ascertained by competent appraisal." Sec. 1.165-7(a)(2)(i), Income Tax Regs.

Joyce Aston v. Commissioner

109 T.C. No. 18 · United States Tax Court · Dec 4, 1997

The evidence before us clearly establishes that deposits at BCCI, S.A., its IOMB, and its Los Angeles agency office were not insured under Federal or State law. … Petitioner's failure to establish that BCCI, S.A., its IOMB, or its Los Angeles agency office was both "chartered and supervised under Federal or State law" forecloses these institutions from qualifying under subsection

Greene v. Commissioner

73 T.C.M. 3205 · United States Tax Court · Jun 30, 1997

Particularly in view of the disproportionately large tax benefits claimed on petitioners' 1981 Federal income tax return, relative to the dollar amount invested, further investigation of the Resource transaction clearly … In the Sammons, Braddock, Ewing, and Hill cases, the taxpayers relied upon tax and/or investment advice from advisers they knew were qualified, or reasonably believed were qualified,  - 29

Waddell v. Commissioner

86 T.C. 848 · United States Tax Court · Apr 28, 1986

Petitioners paid a “franchise fee” of $500 per franchise; the franchise rights were clearly more valuable than that nominal sum. … Placed in service Depreciation and the investment credit are allowed in the year in which the qualifying property is placed in service by the taxpayer.

Lease v. Commissioner

66 T.C.M. 1121 · United States Tax Court · Oct 26, 1993

Although an advance may initially qualify as debt and then become equity at a later date, see, e.g., Tampa & G.C.R.R. v. … In order for the advances petitioner made to Montex to qualify as business bad debt and be deductible against ordinary income, petitioner must establish he acquired the debt in the course of his trade or business and that

Saigh v. Commissioner

36 T.C. 395 · United States Tax Court · May 25, 1961

Building Inc. then drew a check in the amount of $2,205,000 to the order of Investment, a corporation in which Saigh held all but the qualifying shares of stock. … Petitioners argue that actions taken subsequent to the date of transfer, when combined with the original event, clearly establish the real intention of the parties.

Clemente, Inc. v. Commissioner

50 T.C.M. 497 · United States Tax Court · Jul 23, 1985

Clearly there was some significant development potential in the 7 acres. … The issue herein is whether that exchange qualifies as a tax-free exchange pursuant to section 1031.

Ruoff v. Commissioner

30 T.C. 204 · United States Tax Court · May 12, 1958

Judge Learned Hand, speaking for the District Court, stated: Under section 7c the President may seize all property which he decides to have enemy character, and under section 7e all who comply with his demands get immunity … Under these circumstances the expenses of defending title are clearly current deductions which can in no way be regarded as increasing the value of the property. FisheR, Pierce, and Train, agree with this dissent.

Mathia v. Comm'r

93 T.C.M. 653 · United States Tax Court · Jan 8, 2007

Rule 91(e) also provides that “The Court will not permit a party to a stipulation to qualify, change, or contradict a stipulation in whole or in part, except that it may do so where justice requires. … Although we have discretion to modify or set aside a stipulation of fact that is clearly contrary to the facts established by the record, Cal-Maine Foods, Inc. v.

Albin v. Comm'r

88 T.C.M. 340 · United States Tax Court · Oct 12, 2004

Petitioner would clearly have seen, had she read the face of each subject return, that the Albins were reporting large amounts of income along with a large loss. … She also would have clearly seen, had she read the back of each page, that the Albins were claiming that they owed little or no tax and were entitled to significant refunds.

Trail v. Commissioner

65 T.C.M. 2730 · United States Tax Court · May 20, 1993

Rul. 64-221 , 1964- 2 C.B. 46 , their home qualifies as an educational institution. … We find this to be a contrived interpretation of the statutory provisions which clearly state that, for a payment to qualify as a scholarship, it must be "for study at an educational organization described in section 170(

Konstantin Anikeev & Nadezhda Anikeev

United States Tax Court · Feb 23, 2021

American Express treated all of petitioners’ purchases in 2013 and 2014 as qualifying for Reward Dollars. … Respondent ignores this, implying that the purchases should not have qualified for Reward Dollars.

Kozlowski v. Commissioner

66 T.C.M. 754 · United States Tax Court · Sep 15, 1993

Petitioner has totally failed to establish that anyone he consulted with was qualified by reason of such expertise and knowledge to give an opinion whether the transactions of the First Western program were bona fide. … Commissioner , 89 T.C. at 888 , given this scenario, a taxpayer could not merely rely on the documents supplied by First Western and further investigation was clearly mandated.

McNaught v. Commissioner

77 T.C.M. 1302 · United States Tax Court · Jan 29, 1999

In order to establish that an activity was engaged in for profit, the Court of Appeals for the Ninth Circuit, to which this case is appealable, has stated that the taxpayer must show that she engaged in the activity with … Petitioner clearly expected her broodmares and their offspring to appreciate in value. We find that this factor favors petitioner.

Clark v. Comm'r

95 T.C.M. 1265 · United States Tax Court · Mar 19, 2008

Section 911(a) provides in relevant part that a qualified individual may elect to exclude, subject to limitations set forth in section 911(b)(2), his or her foreign earned income from gross income. … He then excluded all of that income as foreign earned income, disregarding the instructions that clearly stated his military retirement pay was ineligible for the exclusion.

McMahan v. Commissioner

49 T.C.M. 1257 · United States Tax Court · Apr 18, 1985

The taxpayer's entire course of conduct may establish the requisite fraudulent intent. ; ; . The unrefuted facts clearly and convincingly establish Victor's intent to evade the income taxes that he knew to be owing. … Considered separately, each docket qualifies as a case warranting the award of section 6673 damages. Respondent therefore requests that we award the maximum $5,000 in each docket. This we will not do.