Case law

Safstrom v. Commissioner

64 T.C.M. 971 · United States Tax Court · Sep 30, 1992

Section 44F(a) allows a credit based on the taxpayer's "qualified research expenses" for the taxable year. … Clearly, as to petitioner, the expenses in question would not qualify as in-house research expenses. See sec. 44F(b)(2) .

Belair Woods, LLC, Effingham Managers, LLC, Tax Matters Partner v. Commissioner

2020 T.C. Memo. 112 · United States Tax Court · Jul 22, 2020

The FPAA alterna- tively determined that, if any deduction were allowable, Belair had not established that the FMV of the easement exceeded zero. … But there is an exception for a “qualified conservation contribution.” Sec. 170(f)(3)(B)(iii), (h)(1).

Hitke v. Commissioner

20 T.C.M. 332 · United States Tax Court · Mar 10, 1961

In the deficiency notices herein, the Commissioner determined that, as a result of the foregoing transactions, petitioners realized long-term capital gains, and that the transactions did not qualify as nontaxable exchanges … Further, we think the facts of this case fall far short of establishing that any property of the petitioners was the subject of "destruction", "theft", "seizure" or "requisition or condemnation, or the threat or imminence

Garza v. Comm'r

113 T.C.M. 1023 · United States Tax Court · Jan 5, 2017

The evidence clearly establishes that petitioners used BAC to conceal their income. See Cefalu v. Commissioner, 276 F.2d 122, 129 (5th Cir. 1960), aff’g T.C. Memo. 1958-37. E. … A stipulation that only one of the parties challenges is generally treated as a conclusive admission to the extent of its terms, and the party is not allowed to qualify, change, or contradict any or all parts of a stipulation

Fodor v. Commissioner

62 T.C.M. 47 · United States Tax Court · Jul 3, 1991

The money proven to have been paid by Nordac cannot, on the basis of this record, be traced to an ultimate disposition that is clearly incompatible with petitioner's explanation. … The presumption of correctness that attaches to respondent's determination has been qualified by some of the courts of appeals.

Cury v. Commissioner

23 T.C. 305 · United States Tax Court · Nov 23, 1954

Cury and Dahar Cury, Jr., who were appointed and have qualified as co-executors of the estate of Dahar Cury, deceased, that all three (3) of said co-executors shall forthwith tender their resignations as such co-executors … But since the burden of proof is upon the respondent in transferee cases to establish the value of the assets transferred, and since respondent has not established how much higher the value of the assets should be as of November

Kyle D. Simpson & Christen Simpson

United States Tax Court · Jan 9, 2023

Simpson and his sister’s testimony regarding their subjective intent to establish an accountable plan, there is no evidence in the record to suggest that Getify required Mr. … These expenses do not clearly correspond with the travel destinations on petitioners’ travel logs. Moreover, when asked about several of these expenses at trial, Mr.

Anthony M. Kissling & Suzanne R. Kissling v. Commissioner

2020 T.C. Memo. 153 · United States Tax Court · Nov 12, 2020

That meant budgetary restraints,2 and the City’s preservation agencies weren’t immune. I. … A “qualified conservation contribution” is “a contribution (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1).

Society of Costa Rica Collectors v. Commissioner

49 T.C.M. 304 · United States Tax Court · Dec 13, 1984

We find that petitioner fails the operational test of section 501(c)(3) . 6 *37 Here, the record establishes that publication and distribution of The Oxcart was a substantial activity engaged in by petitioner and that a substantial … This substantial mail bid sales activity clearly served a private and hence nonexempt purpose. See Baltimore Health and Welfare Fund v.

Jostens, Inc. v. Commissioner

58 T.C.M. 1520 · United States Tax Court · Feb 27, 1990

If no open market for the goods exists, the taxpayer may use evidence of fair market price such as actual sales to establish the market. Sec. 1.471-4(b), Income Tax Regs. … Clearly, finished goods to one manufacturer can be raw materials to another. The regulations under section 471 do not define raw materials.

Sweeney v. Commissioner

54 T.C.M. 1003 · United States Tax Court · Oct 28, 1987

Sweeney had not qualified for death benefit payments under the existing plan. … to protect the company from any legal obligations to make payments, it clearly imposed a moral obligation.

Lerch v. Commissioner

53 T.C.M. 1101 · United States Tax Court · Jun 15, 1987

The evidence clearly and convincingly establishes that the following amounts of interest were earned and credited to account No. … The evidence clearly and convincingly establishes that petitioners underpaid their taxes in 1977, 1978, 1979, and that Mr.

PLANKO v. COMMISSIONER

2003 T.C. Summary Opinion 105 · United States Tax Court · Jul 25, 2003

Respondent also disallowed the head of household status because petitioner failed to establish that he maintained a home for himself and a qualifying dependent for more than 6 months during 1998. … O’Hara’s calendar except for the school issue, clearly establishes that the children spent more time in the physical custody of Ms. O’Hara. According to petitioner’s own calendar, Ms.

Estate of Callaway v. Commissioner

75 T.C.M. 1956 · United States Tax Court · Mar 10, 1998

Callaway clearly qualifies for treatment as a partner under this temporary regulation. In contrast, we find no support for petitioners' position that Mrs. … Callaway requested that her partnership items be treated as nonpartnership items, constitutes a qualifying election within the meaning of section 6223(e)(3)(B). Finally, we are satisfied that Mrs.

Vladimir Gorokhovsky v. Commissioner

2013 T.C. Memo. 65 · United States Tax Court · Feb 28, 2013

through 317 pages of disorganized evidence in an attempt to determine whether a taxpayer provided adequate substantiation when that taxpayer failed to file a brief), petitioner’s canceled checks and/or check registers clearly … As noted supra, we found that petitioner’s purported basement office in Mequon, Wisconsin, did not qualify as a “principal place of business” pursuant to section 280A.

Bershesky v. Commissioner

46 T.C.M. 906 · United States Tax Court · Aug 1, 1983

Review of the immediate record clearly demonstrates that petitioner failed to maintain accurate records of his gambling activities with respect to the years in issue and thus did not comply with such provision. … Finally, this Court cannot lawfully award attorney fees or costs in the immediate proceeding 5 nor can it grant any immunity from criminal prosecution. 6 Decision will be entered under Rule 155. Footnotes 1.

The Korean-American Senior Mutual Association, Inc. v. Commissioner

2020 T.C. Memo. 129 · United States Tax Court · Sep 9, 2020

KASMA has not established that it primarily benefited the community, and therefore it did not serve a public benefit. … Therefore, the law does not permit KASMA to qualify as an exempt organization described in section 501(c)(3).

Estate of Baron v. Commissioner

83 T.C. 542 · United States Tax Court · Sep 26, 1984

While the use of large nonrecourse financing vis-á-vis cash invested is not necessarily fatal to establishing a profit objective (see Wildman v. … In adopting this comparison, we are not suggesting that there must always be a dollar-for-dollar matching which would, in this case, necessitate a prediction of well over 2,300,000 albums, 45 a figure clearly beyond anyone

JAHINA v. COMMISSIONER

2002 T.C. Summary Opinion 150 · United States Tax Court · Nov 21, 2002

not a qualifying taxpayer. … The evidence fails to establish that Mrs.

Heller v. Commissioner

68 T.C.M. 730 · United States Tax Court · Sep 19, 1994

Heller during 1986 were made pursuant to two court orders -- the temporary order, which established Mr. … Thus, of the $ 23,100 remaining in issue, $ 7,200 (the amount designated as spousal support in the August 1986 order) clearly meets the section 71(b)(1)(D) requirement that the payment obligations terminate upon the death