Case law

Stuart v. Commissioner

2 T.C. 1103 · United States Tax Court · Dec 10, 1943

John Stuart, Petitioner, v. Commissioner of Internal Revenue, Respondent Stuart v. Commissioner Docket No. 97500 United States Tax Court 2 T.C. 1103 ; 1943 U.S. Tax Ct. … In the proceeding before the Board, respondent relied on sections 166 and 167 of the act, but in view of its decision the Board did not consider the applicability of section 167.

Ruidoso Racing Asso. v. Commissioner

30 T.C.M. 792 · United States Tax Court · Aug 9, 1971

Petitioner, relying on Helvering v. … Brown, 18 B.T.A. 859 , 866-867 (1930) , certiorari denied 286 U.S. 556 (1932) . See also Hensley v. United States, 406 F. 2d 481 (C.A. 10, 1968), affirming the conviction of Eugene V.

Aero Rental v. Commissioner

64 T.C. 331 · United States Tax Court · May 29, 1975

On December 24, 1969, Aero’s board of directors adopted a resolution approving the plan and directed that a contribution of $100 be made immediately to the trustees under the plan. … The board also directed that a contribution of class B stock, which it valued at $14,900, be made to the trustees of the plan prior to March 1,1970; such contribution was in fact made.

Conlee Constr. Co. v. Commissioner

54 T.C. 402 · United States Tax Court · Mar 3, 1970

This Board of course has no power to adopt a construction at variance with the meaning which the legislature apparently intended. Bowers v. New York & Albany Lighterage Co., 273 U.S. 346 . See and compare Samuel J.

Bombarger v. Commissioner

31 T.C. 473 · United States Tax Court · Nov 28, 1958

Bombarger, Petitioner, v. Commissioner of Internal Revenue, Respondent Bombarger v. Commissioner Docket No. 62530 United States Tax Court 31 T.C. 473 ; 1958 U.S. Tax Ct. … Brown, Jr., Esq ., for the respondent. Tietjens , Judge . TIETJENS *473 The Commissioner determined a deficiency in income tax of $ 120 for the year 1954.

F. Strauss & Son, Inc. v. Commissioner

28 T.C. 591 · United States Tax Court · May 31, 1957

. ******* ARTICLE V. … In Textile Mills Corp. v. Commissioner, 314 U.

Auerbach Shoe Co. v. Commissioner

21 T.C. 191 · United States Tax Court · Nov 6, 1953

Burnet v. Harmel, 287 U. S. 103 (1932). … Joyce v. Gentsch, (C. A. 6, 1944) 141 F. 2d 891 . See Payson v. Commissioner, (C. A. 2, 1948) 166 F. 2d 1008 , and Bank of New York v. United States, (C. A. 3, 1948) 170 F. 2d 20 .

Miller v. Commissioner

23 T.C. 565 · United States Tax Court · Dec 31, 1954

With respect to petitioner Crystal V. Miller, the amount used is $35,586.18, which includes an interest credit of $901.44. … Commissioner v. Angier Corporation, 50 F. 2d 887 , certiorari denied 284 U. S. 673 .

Jordanos', Inc. v. Commissioner

25 T.C.M. 1127 · United States Tax Court · Sep 30, 1966

Brown, 26 E. Carrillo St., P.O. Box *67 210, Santa Barbara, Calif., for the petitioners. James A. Thomas, for the respondent. … , and until further action *71 by the board.

Parshelsky v. Commissioner

34 T.C. 946 · United States Tax Court · Sep 15, 1960

Later in Bazley v. … See Pinellas Ice & Cold Storage Co. v. Commissioner , 287 U.S. 462 ; Gregory v. Helvering , 293 U.S. 465 ; Le Tulle v.

Pacific Cement & Aggregates, Inc. v. Commissioner

31 T.C. 136 · United States Tax Court · Oct 23, 1958

In support of this contention, the respondent cites Atlas Milling Co. v. Jones, 115 F. 2d 61 (C. A. 10, 1940), and Consolidated, Chol. G. & S. M. Co. v. Commissioner, 133 F. 2d 440 (C. A. 9, 1943). … In Atlas Milling Co. v. Jones, supra, the Tenth Circuit, in its opinion, said: Mining connotes the removal of minerals from a natural deposit.

Goodrich v. Commissioner

20 T.C. 323 · United States Tax Court · May 13, 1953

A. 738, the amount of the gift was so large that the Board refused to consider it as an ordinary and necessary business expense without a showing that the services were in some way commensurate with the outlay, citing Welch … v.

Harman v. Commissioner

4 T.C. 335 · United States Tax Court · Nov 24, 1944

Dearing v. Selvey, 50 W. Va. 4 ; 40 S. E. 478 (cited in 24 C. J. § 594); Reid v. Stuart, 13 W. Va. 338 (cited in 69 C. J. § 2459). Cf. also George v. Brown, 84 W. Va. 359 ; 99 S. E. 509 ; Arbenz v. Arbenz, 114 W. … See also Arrott v. Heiner, 92 Fed. (2d) 773; Abbot v. Welch, 31 Fed. Supp. 369; Guaranty Trust Co. of New York, Executor, 30 B. T. A. 314.

Chamberlin v. Commissioner

18 T.C. 164 · United States Tax Court · Apr 30, 1952

A corporate distribution must “be taken as it emanates from the board.” State v. B. & O. R. R., 6 Gill, (Md.) 363; Staats v. Biograph Co., 236 F. 454 ; General Utilities & Operating Co., 29 B. T. A. 934, affd. 296 U. … This is in line with the thought expressed in Gibbons v.

Brooks v. Commissioner

36 T.C. 1128 · United States Tax Court · Sep 27, 1961

Decision will he entered v/nder Rule 50. Pierce, J., dissents. See Rev. Rul. 60-301, 1960- 2 C.B. 15 . Rodney B. Horton, 13 T.C. 143, 148 , citing Cruttwell v. Lye, 17 Ves. Jr. 335. Ibid. … In re Brown, 242 N.Y. 1 , 150 N.E. 581, 582 . Malcolm J. Watson, 35 T.C. 203, 213 . Providence Mill Supply Co., 2 B.T.A. 791 , 793.

Nassau Lens Co. v. Commissioner

35 T.C. 268 · United States Tax Court · Nov 14, 1960

Nassau Lens Co., Inc., Petitioner, v. Commissioner of Internal Revenue, Respondent. Harry Pildes and Sarah Pildes, Petitioners, v. Commissioner of Internal Revenue, Respondent Nassau Lens Co. v. … The board of directors consisted of Harry, *33 Doris, and Doris' husband, Lewis Press. *272 OPINION.

Presbyterian & Reformed Pub. Co. v. Commissioner

79 T.C. 1070 · United States Tax Court · Dec 23, 1982

At the first meetings of incorporators and of directors, held on February 5, 1931, Samuel was elected chairman of the board of directors as well as president and treasurer of petitioner. … Among 12 more recent members of the board of directors, nearly all had some overt religious affiliation: 4 were, or had been, church pastors, and 4 were in some way connected with Westminster.

May Dep't Stores Co. v. Commissioner

16 T.C. 547 · United States Tax Court · Mar 1, 1951

Gregory v. Helvering, 293 U. S. 465 . A corporation may, within the statute, so conduct its affairs as to avoid or reduce tax burdens. United States v. Cumberland Public Service Co., 338 U. S. 451 . … He contends that the property had a fair market value of $1,300,000, the value placed upon the property by Wallerstedt in May 1948 when testifying before a Board of Reviewers of Allegheny County concerning assessments of

Allport v. Commissioner

4 T.C. 401 · United States Tax Court · Nov 30, 1944

Pursuant to this provision, the corporation's board of directors passed resolutions authorizing such purchase and retirement. … Dodd v. Commissioner , 131 Fed. (2d) 382 , affirming 46 B. T. A. 7 ; Hill v. Commissioner , 126 Fed. (2d) 570 ; Alpers v. Commissioner , 126 Fed. (2d) 58 ; Cohen Trust v. Commissioner , 121 Fed. (2d) 689 ; Hammans v.

Riss & Co. v. Commissioner

45 T.C. 230 · United States Tax Court · Dec 2, 1965

Ginsburg v. … Landers, Frary & Clark v. United States, 137 Ct. Cl. 870 , 149 F. Supp. 202 (1957). Compare Jernigin v. Phinney, an unreported case (W.D. Tex. 1957, 52 A.F.T.R. 1482 , 57-2 U.S.T.C. par. 9936), and Flex-O-Glass, Inc. v.