Case law

Jackson v. Commissioner

44 T.C.M. 1213 · United States Tax Court · Sep 23, 1982

equipment because you have failed to establish ownership *207 of such property. … Clearly, in this case, the provisions of section 7605(b) have not been violated by respondent. See .

Eisenman v. Commissioner

56 T.C.M. 330 · United States Tax Court · Sep 27, 1988

Petitioners need not, however, establish that they had a "reasonable" expectation of profit. Sec. 1.183-2(a), Income Tax Regs. ; Dreicer v. Commissioner, supra at 644-645 . … The record does not clearly reflect whether petitioners maintained a separate checking account for their horse breeding activity. ↩ 3.

Gallo v. Commissioner

46 T.C.M. 548 · United States Tax Court · Jun 21, 1983

During each of the two years involved, petitioner was a widower with a dependent child in 1969 and qualified for head of household status in 1970. … We believe this was clearly erroneous. Petitioner required and kept a substantial amount of cash on his person, in his home or in safety deposit boxes to fund his betting.

Church v. Commissioner

29 T.C.M. 636 · United States Tax Court · Jun 9, 1970

The facts clearly show that during the last six months of the year *224 involved herein petitioner installed refrigeration equipment for Reodes Fefrigeration on approximately 30 separate occasions. … This provision provided assurance that those qualifying for the exemption would be otherwise provided for in the event of their dependency.

Easter v. Commissioner

23 T.C.M. 413 · United States Tax Court · Mar 6, 1964

The respondent's witness was qualified by education and experience to express an opinion with respect to the remaining useful life of the property as of the time he examined it. … you limit or qualify, or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction.

Alexander v. Commissioner

61 T.C.M. 2119 · United States Tax Court · Mar 7, 1991

Petitioners claim that the B & O taxes they paid qualify for the severance tax adjustment described in section 4996(c). … Clearly, the severance tax results in no additional tax burden if it is not really paid, but instead used to diminish state income tax liability.

Dallas Downtown Development Co. v. Commissioner

12 T.C. 114 · United States Tax Court · Jan 31, 1949

Thornton was president of Mercantile National Bank, hereinafter called Mercantile Bank, and a director of the Development Co., with one qualifying share. … It is clearly immaterial that a different group of *322 stockholders had purchased the stock. The corporation subsisted as completely in the hands of one group as in the former.

Haas & Associates Accountancy Corporation v. Commissioner

117 T.C. No. 5 · United States Tax Court · Aug 10, 2001

The portions of respondent’s regulations under section 7430 that establish this requirement generally to participate in an Appeals Office conference are set forth below: Sec. 301.7430-1. … Clearly, the regulations do not impose any such absolute condition, and we have not so held.

Schmalzer v. Commissioner

76 T.C.M. 803 · United States Tax Court · Nov 10, 1998

On November 29, 1985, petitioner established an IRA with the purchase of a variable rate certificate at California Federal Savings and Loan. … That exception is clearly not involved herein as petitioner was 58 years old at the time of the distributions. None of the other exceptions are relevant to this case.

Hip Sing Asso. v. Commissioner

43 T.C.M. 1092 · United States Tax Court · Apr 15, 1982

Petitioner has clearly shown that it was organized by individuals with a common ethnic background to assist one another and to improve in general the social, moral and intellectual welfare of its members. … In all respects during these years, it qualifies as a domestic fraternal association as described in section 501(c)(10) , and it is, therefore, exempt from tax. See Rev. Rul. 77-258 , 1977- 2 C.B. 195 , and Rev.

WADE v. COMMISSIONER

81 T.C.M. 1613 · United States Tax Court · May 14, 2001

The MPSERS’ Member Investment Plan (plan) is a statewide employer-sponsored qualified defined benefit plan. … The plan clearly indicates that petitioner’s eligibility was mandatory and automatic; whereas, actual receipt of any benefits turned on petitioner’s ability to meet the minimum service credits and age requirement.

Shapiro v. Commissioner

69 T.C.M. 2671 · United States Tax Court · May 22, 1995

The record does not clearly establish when petitioner approached Cassaday. Petitioner did not recall if he spoke with Cassaday after EI's investment objectives were changed to include an investment in Clearwater. … In fact, the record does not clearly establish whether Weikman even reviewed the revised offering memorandum or the Clearwater offering memorandum. Petitioner's purported reliance on Weikman was not reasonable.

R. J. M. Co. v. Commissioner

24 T.C. 1032 · United States Tax Court · Sep 23, 1955

In 1936 he discussed petitioner's establishment of a steel department with the California Bank, but was unable to secure an adequate line of credit. … In August *115 1941 the Government established preferential ratings and required steel orders to be filled in accordance therewith.

Kenna Trading, LLC, Jetstream Business Limited, Tax Matters Partner v. Commissioner

143 T.C. 322 · United States Tax Court · Oct 16, 2014

Globex clearly received money from both Mr. Hartigan, via Multicred, in 2004 and again from Mr. … Rogers also hoped that the main and subtrusts would qualify as trusts under the check-the-box regulations. See sec. 301.7701-4, Proced. & Admin. Regs.

Bear v. Commissioner

38 T.C.M. 1182 · United States Tax Court · Aug 9, 1979

Held: sale of inventory assets failed to qualify under sec. 337 . … From the fact that, in his answer, respondent claimed a lack of sufficient information or knowledge to admit or deny this allegation, petitioners would conclude that their claim in this regard is established as a fact for

Lee v. Commissioner

40 T.C.M. 433 · United States Tax Court · Jun 4, 1980

Clearly, under the provisions of this section petitioner is not entitled to file as head of a household because of any support he might have furnished to his mother. … Does this taxpayer qualify as "Head of household"?

Saykally v. Comm'r

85 T.C.M. 1401 · United States Tax Court · May 27, 2003

A sporadic activity, a hobby, or an amusement diversion does not qualify.” Id. at 35. … Clearly, petitioner monitored the R&D process via telephone, one visit to Australia, and electronic mail communications.

Probst v. Commissioner

29 T.C.M. 1501 · United States Tax Court · Nov 25, 1970

Concurrent with the establishment of the escrow on December 15, 1965, petitioner wrote Mabel a letter telling her of the escrow and its terms, and also offering to allow her to retain the preferred stock. … Clearly, taxpayer here, who * * * was the sole shareholder of the 1505 corporation both before and after the redemption, did not qualify under this test. * * * We understand and appreciate petitioner's desire to enforce the

Nicholson v. Commissioner

61 T.C.M. 2242 · United States Tax Court · Mar 26, 1991

establish that he or she provided more for the support of the child during the calendar year in which the dependency deduction *160 is claimed. … Petitioners bear the burden of establishing the requisite profit objective. Beck v. Commissioner , 85 T.C. 557 , 569-570 (1985) ; Rule 142(a).

Holmes v. Comm'r

101 T.C.M. 1113 · United States Tax Court · Jan 31, 2011

This memorandum discussed the appropriate steps for civilian personnel to take when engaged in an IRS examination and collection activity involving a taxpayer deployed to a Qualified Combat Zone. … Petitioner asserts that section 1.112-1(e)(2), Examples (3), (4), (5), (6), and (7), Income Tax Regs., “clearly illustrate  - 7 - that individuals providing military service in a combat zone