Case law

Hardesty v. Commissioner

65 T.C.M. 2743 · United States Tax Court · May 24, 1993

To find that an underpayment exists for purposes of section 6653(b)(1) , we must satisfy ourselves that the evidence clearly and convincingly establishes an underpayment. … The second prong is met if we are satisfied that the evidence clearly and convincingly establishes that some (any) portion of the underpayment is due to fraud.

Thrower v. Comm'r

85 T.C.M. 1312 · United States Tax Court · May 15, 2003

In any event, losses resulting from drug traffickers’ asset forfeitures are disallowed as contravening clearly defined public policy.5 See, e.g., Holt v. 5 On brief, petitioner suggests that the above-cited … Evid. 702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

TG Missouri Corporation f.k.a. TG (U.S.A.) Corporation, a Missouri Corporation v. Commissioner

133 T.C. No. 13 · United States Tax Court · Nov 12, 2009

It is a well-established principle of statutory construction that a statute must be interpreted as a symmetrical and coherent regulatory scheme, Gustafson v. … In each case, section 174(c) clearly requires an examination of the proper tax treatment of the expenditure in the hands of the taxpayer.

Walt Wilger Tire Co. v. Commissioner

38 T.C.M. 287 · United States Tax Court · Feb 28, 1979

Effective January 1, 1970, the petitioner established a profit-sharing plan for its employees known as the "Walt Wilger Tire Company Employees Profit Sharing Trust" (hereinafter the plan). … However, for purposes of this case, the parties agree that the plan was qualified under section 401 during 1972 and 1973.

John R. and Patricia G. Okerson v. Commissioner

123 T.C. No. 14 · United States Tax Court · Sep 9, 2004

That John Russell Okerson by his attorney, states that in the trial transcript of this Cause held before the Honorable Wyeth Chandler, the Court clearly stated more than one time that the Court intended all … The standard established by Congress for substitute payments is not, as petitioners would have it, whether a payor spouse actually makes a substitute payment.

Schenk v. Commissioner

41 T.C.M. 455 · United States Tax Court · Dec 1, 1980

While $5,000 of petitioner's payment is clearly a deposit for unspecified goods, the remaining $20,000 is more difficult to categorize. … In fact, the payments established a general credit against which the taxpayer charged not only fertilizer but significant amounts of other chemicals, gasoline, cotton seeds, and unidentified supplies.

Lieber v. Commissioner

66 T.C.M. 722 · United States Tax Court · Sep 14, 1993

The underpayments, which exceed $ 1,000 for all years at issue, clearly are "substantial", as defined by section 6621(c)(2). … A taxpayer may defend himself against a determination that he was negligent by showing that he reasonably relied upon the advice of a qualified advisor in acting as he did. E.g., Ewing v.

Hamsher v. Commissioner

41 T.C.M. 1160 · United States Tax Court · Mar 26, 1981

Respondent disallowed the deductions for the reason that petitioner did not establish that the amounts he received from the hospital were scholarship or fellowship grants instead of compensation for services rendered. 1 OPINION … considering and sustaining the validity of Treasury *606 Regulation 117-4(c) * * *, the Supreme Court bypassed discussion of the "primary purpose" dialogue and bluntly stated that "the definitions supplied by the Regulation clearly

Flaig v. Commissioner

47 T.C.M. 1361 · United States Tax Court · Mar 26, 1984

whether the party-related expenses come within the language of these provisions, because, in our judgment, they fail to satisfy the requirements of section 274 , which renders nondeductible expenditures that would otherwise qualify … These provisions clearly apply here.

Flynn v. Commissioner

42 T.C.M. 1022 · United States Tax Court · Sep 9, 1981

James , however, clearly establishes that "readily realizable economic value," and not a claim of right, is the prerequisite to taxability: * * * A gain "constitutes taxable income when *258 its recipient has such control … At most they were loans or gifts from Donald, and as such they are clearly nondeductible. Estate of Geiger v. Commissioner , supra .

McKee v. Commissioner

50 T.C.M. 1473 · United States Tax Court · Nov 26, 1985

Here the applicable provisions are clearly written and obviate any need of judication given in their application. … We note that El Salvador and Nicaragua qualify for the waiver of residency period requirements. Rev. Proc. 81-23 , 1981- 1 C.B. 692 ↩ . 5.

Garavaglia v. Comm'r

102 T.C.M. 286 · United States Tax Court · Sep 26, 2011

The evidence clearly and convincingly establishes that Mr. Garavaglia underreported his taxable income for 1989 and 1990. The failure to report this income is strong evidence of fraudulent intent. … Garavaglia perpetrated fraud on insurance companies and the Treasury, he clearly trusted Ms. Garavaglia.

Fisher v. Commissioner

64 T.C.M. 1670 · United States Tax Court · Dec 30, 1992

Respondent argues that petitioners have not established that Fisher qualifies as an insurance company for purposes of subchapter L. We agree with respondent. … Clearly, Jaques and Thomas were not in a position to offer independent, unbiased tax advice about Pre-Paid's plan to petitioners.

Louis P. Smaldino

United States Tax Court · Nov 10, 2021

Consequently, the fair market values stated on the certificates of assignment are clearly based on Mr. Biedenbender’s valuation. … The similarity between guaranteed payment rights and qualified payment rights has led one commentator to observe that “even if a guaranteed payment were governed by § 2701, it would constitute a qualified payment right and

Stodalka v. Commissioner

1 T.C.M. 458 · United States Tax Court · Jan 22, 1943

Gleason, who qualified on December 10, 1938, as permanent trustee, and ordered a proposed plan of reorganization to be submitted within six months from that date if feasible. … It also happens that while the year thus indicated is that selected by petitioner, it is respondent's witnesses who by their testimony most clearly ratify that choice.

Smiling v. Comm'r

114 T.C.M. 403 · United States Tax Court · Oct 3, 2017

Accordingly, $496,482.09 was clearly a repayment that is not deductible. … Reasonable cause and good faith can be shown by reasonable, good-faith reliance on the advice of a qualified tax professional. See id.

Estate of C.S. Brasington, Burns v. Commissioner

12 T.C.M. 1482 · United States Tax Court · Dec 31, 1953

Brasington, of which Nancy Brasigton Burns is the duly qualified and acting trustee. C. S. Brasington, *11 also known as Clayton S. Brasington, is a resident of Wadesboro, North Carolina. … However, mere understatement of income is alone insufficient to establish fraud. James Nicholson, 32 B.T.A. 977 ; L. Glenn Switzer, 20 T.C. - (June 30, 1953).

Magloire K. Ayissi-Etoh & Katrina D. Sharpe v. Commissioner

2018 T.C. Memo. 107 · United States Tax Court · Jul 9, 2018

But AMC Foun- dation was not a qualified organization under section 170(c) during the years at issue. … The deficiency amounts clearly exceed both $5,000 and 10% of the amounts required to be shown on their returns. See sec. 1.6662- 4(b)(3), Income Tax Regs.

Blohm v. Commissioner

62 T.C.M. 1586 · United States Tax Court · Dec 23, 1991

Collateral Estoppel On September 11, 1986, Ritchey was granted immunity from prosecution for tax crimes and other offenses relating to his 1980, 1981, and 1982 tax returns. … However, we do not consider the evidence in the record to be clearly contrary to Stipulation of Facts Nos. 20, 23, and 24.

ALDERMAN v. COMMISSIONER

2004 T.C. Summary Opinion 74 · United States Tax Court · May 26, 2004

Many of these options would clearly have generated costs nondeductible under the above judicial precedent. … When a taxpayer adequately establishes that he or she paid or incurred a deductible expense but does not establish the precise amount, we may in some circumstances estimate the allowable deduction, bearing heavily against