Case law

Medical Mobility Ltd. Partnership I v. Commissioner

66 T.C.M. 741 · United States Tax Court · Sep 14, 1993

Unless petitioner establishes that MMI had both an objective intent to manufacture and market the Alexis and the likely capability of doing so, MMI will not be eligible for deductions under section 174(a). Id. … The record does not clearly reveal and petitioner made no effort to explain of what the $ 872 balance of the $ 30,051 depreciation deductions consisted.

George B. Dengin

United States Tax Court · Mar 14, 2023

If the IRS wanted Revenue Procedure 2014-55 to include a timeliness requirement, it could have clearly stated it. See Smith v. … To qualify for relief under this approach, Mr.

Thompson Engineering Co. v. Commissioner

80 T.C. 672 · United States Tax Court · Apr 11, 1983

However, we have not been shown that petitioner decided to establish, or set a goal for, any particular level of bonding capacity. … Funds used for building construction clearly would not be available as working capital.

Shaw v. Commissioner

28 T.C.M. 626 · United States Tax Court · Jun 16, 1969

The FAA has established the Bureau of Aviation Medicine which designates physicians and surgeons who have qualified by certain training to identify themselves as aviation medical examiners. … The FAA has no requirement that its aviation medical examiners be qualified pilots.

Randick v. Commissioner

35 T.C.M. 195 · United States Tax Court · Feb 24, 1976

At some time thereafter, not clearly shown in the record, he entered into an arrangement with two other young attorneys under the name *360 of Cachor, Dwyer and Randick. … Would such degree qualify him for a new trade or business? Was petitioner pursuing a program of education leading perhaps to his qualifying as an accountant?

Fishman v. Commissioner

51 T.C.M. 738 · United States Tax Court · Mar 31, 1986

It is well-established that a brokerage fee in respect of a loan commitment is a capital expenditure that must be amortized over the life of the loan. Duffy v. United States, 231 Ct. … Any such distinction is a distinction without a difference since the trustee-bank was clearly the agent of the partnership and performed no function other than that of the nominal lessee. Cf. Derr v.

Medina v. Commissioner

46 T.C.M. 76 · United States Tax Court · May 9, 1983

Rubin's report clearly supports Mrs. … a qualified plan.

Szanto v. Comm'r

112 T.C.M. 195 · United States Tax Court · Aug 1, 2016

He has persisted before, during, and after trial in arguing about collection efforts relating to 2007 although the Court clearly lacks jurisdiction over that year. … Nothing in the record establishes permissible deductions not previously allowed by respondent.

Medical Transportation Management Corporation v. Commissioner

127 T.C. No. 7 · United States Tax Court · Sep 19, 2006

First, petitioners failed to establish that their vans and sedans were used more than 50 percent in furnishing subscription services. … Petitioners failed to establish that their vehicles traveled the same route more than once a week, let alone two or three times, and therefore petitioners fail to qualify under their own definition of “regular routes”.

Kelley v. Commissioner

45 T.C.M. 353 · United States Tax Court · Dec 20, 1982

Furthermore, the record establishes that the sailboats were neither documented under the laws of the United States nor operated in the foreign or domestic commerce of the United States as is required under section 48(a)(2 … Clearly, the use of petitioner's sailboats for charter in the British Virgin Islands cannot in any way be viewed as contributing to the productivity of the United States' economy.

Austin v. Comm'r

113 T.C.M. 1326 · United States Tax Court · Apr 24, 2017

In August 1999 each petitioner established an irrevocable grantor trust for the benefit of his family. … But that framework did exist (albeit briefly), and petitioners’ implementation of it clearly had economic substance. See Summa Holdings, Inc. v.

Xilinx Inc. and Subsidiaries v. Commissioner

125 T.C. No. 4 · United States Tax Court · Aug 30, 2005

B. 1990 Employee Qualified Stock Purchase Plan The Xilinx, Inc. 1990 Employee Qualified Stock Purchase Plan (ESPP) allowed full-time employees to purchase petitioner’s stock at a discount. … Purpose and Scope of Section 482 Section 482 was enacted to prevent tax evasion and ensure that taxpayers clearly reflect income relating to transactions between controlled entities.

Pensinger v. Commissioner

40 T.C.M. 66 · United States Tax Court · Apr 2, 1980

Thus, petitioner has established that he had a basis of $1,000 in 1,000 shares of stock in SCS. … The conclusion that stock qualifies *507 or does not qualify as section 1244 stock is a finding of ultimate fact.

Gioia v. Commissioner

54 T.C.M. 745 · United States Tax Court · Sep 28, 1987

To qualify under section 162(a)(2), the claimed expenses must meet three prerequisites: the expenses must be (1) reasonable and necessary; (2) incurred while away from home; and (3) incurred in the pursuit of a trade or business … His decision clearly was not based upon business or employment concerns, as petitioner noted that the unemployment rate in Torrington was approximately 16 percent.

Felton v. Comm'r

2006 T.C. Summary Opinion 153 · United States Tax Court · Sep 18, 2006

Commissioner, 87 T.C. at 77, are the facts in this case establishing that Ms. Felton is the corporate petitioner’s sole shareholder. … Felton for the loss of her mother, petitioner clearly filed its return beyond the duration of the illness and incapacity, and, in the instant case,  - 14 - petitioner provided no information

Nikta Fatemeh Abdolrahim & Melvin Collins v. Commissioner

2020 T.C. Memo. 50 · United States Tax Court · Apr 23, 2020

Petitioners make no argument that respondent failed to meet the three requirements above; indeed the record clearly shows that Mr. … If the Commissioner establishes that any portion of the underpayment is attributable to fraud, the entire underpayment shall be treated as attributable to fraud and subjected to a 75% penalty unless the taxpayer establishes

David C. Jonson and Estate of Barbara J. Jonson v. Commissioner

118 T.C. No. 6 · United States Tax Court · Feb 8, 2002

It has not been established that the partnership incurred any loss for the taxable years 1981 and 1982, nor has it been established that if the partnership did have a loss for the taxable years 1981 and 1982 … Clearly, then, she had reason to know of the items giving rise to the deficiencies.

Ferrell v. Commissioner

90 T.C. 1154 · United States Tax Court · Jun 16, 1988

Please also note that at the bottom of page 56 of the brown prospectus it clearly points out that the notes will be liquidated FROM OIL PRODUCTION ONLY. … The Western Reserve-to-Magna notes do not establish a basis for supporting the disputed deductions.

Jostens, Inc. v. Commissioner

58 T.C.M. 933 · United States Tax Court · Dec 13, 1989

Section 446(b) provides that if the method the taxpayer uses "does not clearly reflect income, the computation of taxable income shall be made under such method as, in the opinion of the [Commissioner], does clearly reflect … Moreover, we believe that respondent's method clearly reflects petitioner's income. Sec. 446(b).

Kopecky v. Commissioner

27 T.C.M. 1061 · United States Tax Court · Sep 24, 1968

Why should not ISU give every qualified student a fellowship? … We recognize that even though ISU considers an employer-employee relationship to exist, this does not necessarily establish such a legal relationship. ↩ 4.