Case law

Purdy v. Commissioner

25 T.C.M. 961 · United States Tax Court · Aug 9, 1966

Opinion The issue for decision is whether petitioners have established that they are entitled to a casualty loss deduction in the amount of $1,307, resulting from damage occurring to their basement walls. … see Harry Johnston Grant, 30 B.T.A. 1028 , and a landslide resulting from unstable soil conditions, see Harry Heyn, supra , have also been held to give rise to casualty losses where there was an identifiable event which clearly

Peking Inv. Fund, LLC v. Comm'r

106 T.C.M. 688 · United States Tax Court · Dec 23, 2013

Participant's position in support of his summary judgment motion, whereby he (1) denies ever having been PIF's TMP and (2) seeks to bar respondent's proposed adjustments on procedural grounds, is clearly inconsistent with … As in Cascade P'ship, it was "clear that respondent did not know" that participant was not a "qualified TMP".

THELDON & MARY PARRETT v. COMMISSIONER

2002 T.C. Summary Opinion 72 · United States Tax Court · Jun 12, 2002

In order for reliance on a professional adviser to relieve a taxpayer from the negligence penalty, the taxpayer must establish that the professional adviser on whom he or she relied had the expertise and knowledge of … Moreover, the amounts claimed for unreimbursed employee expenses were clearly disproportionate to petitioners' wages, which also merited further inquiry.

Estate of Schuler v. Commissioner

80 T.C.M. 934 · United States Tax Court · Dec 28, 2000

Respondent determined that the value of the taxable estate should be increased for the amount claimed as a charitable deduction which was in excess of the value of the properties contributed to qualified charities, for the … Clearly, as both decedent and his brother owned stock of both corporations, separation of ownership by exchanging the stock through transfers to each other's family members at least implies reciprocity.

Estate of McInnes v. Commissioner

64 T.C.M. 840 · United States Tax Court · Sep 23, 1992

At the time of his death, a revocable living trust (sometimes hereinafter referred to as the marital trust) was in existence, which was established by decedent on May 23, 1984. … Commissioner , 33 T.C. 801 (1960) , affd. per curiam 294 F.2d 774 (5th Cir. 1961) , relied upon by respondent, is clearly distinguishable.

RERI Holdings I, LLC, Harold Levine, Tax Matters Partner v. Commissioner

2014 T.C. Memo. 99 · United States Tax Court · May 22, 2014

Because, in Ford, we did no more than apply well-established legal principles to the facts before us, it was appropriately issued as a Memorandum Opinion rather than as a published Tax Court Opinion. … And finally, he clearly states his conclusion "that the 'economic substance', 'sham', and 'substance over form'  - 22 - [*22] doctrines may be applied to disallow a charitable contribution

Clayton v. Commissioner

42 T.C.M. 670 · United States Tax Court · Aug 13, 1981

The law clearly mandates that petitioners prove what the depreciable bases are for the various components. Nowhere do petitioners establish the proper depreciable bases of components. … (c) Qualified Electing Shareholders.

Estate of Lasarzig v. Commissioner

78 T.C.M. 448 · United States Tax Court · Sep 16, 1999

One trust was decedent’s living trust, and the other was a qualified terminal interest property (QTIP) trust established under decedent’s predeceased husband’s will. … )  - 14 - remedy that is clearly within the province of Congress.

Ritchie N. Stevens & Julie A. Keen Stevens v. Commissioner

2020 T.C. Memo. 118 · United States Tax Court · Aug 6, 2020

Therefore, he asserts, the adjustments underlying his recomputed deficiency for 2007 "are clearly sufficient to establish a deficiency". … But RSJS Holdings' qualification as a small partnership for 2006 does not establish that it also qualified for 2008: A partnership's qualification for the small partnership exception must be determined year by year.

Payne v. Commissioner

42 T.C.M. 1646 · United States Tax Court · Nov 9, 1981

I request complete immunity per 18 USC § 6002 & § 6004 before waiving any constitutional or natural rights, including the Fifth Amendment guarantee of not being a witness against myself. … Clearly, the Form 1040 filed for the taxable year 1977 did not constitute a valid return, *107 as it contained no information regarding petitioner's income or deductions for such year. See United States v.

Leigh C. Fairbank & Barbara J. Fairbank

United States Tax Court · Feb 23, 2023

Respondent argues that under the facts and circumstances analysis, Xavana Establishment qualifies as a trust. … Fairbank indicated to UBS that all accounts were to be netted out and that she would no longer be requiring Xavana Establishment. This course of conduct clearly shows that Mrs.

Denise Celeste McMillan v. Commissioner

2013 T.C. Memo. 40 · United States Tax Court · Feb 7, 2013

He had two blood transfusions and then died from a total collapse of his immune system. After Goldrush died petitioner did not purchase another horse. … Petitioner deducted a casualty loss on her 2007 Federal income tax return for the death of Goldrush.6 Respondent argues that the death of Goldrush does not qualify as a casualty.

Automatic Cigarette Sales Corp. v. Commissioner

14 T.C.M. 52 · United States Tax Court · Jan 25, 1955

To bring itself within the above rule, it was incumbent upon the petitioner to clearly establish the existence of an agreement with the locatio proprietors to collect and pay to the City of Wheeling the fines and costs imposed … Goldberg was not called or qualified as an expert on the useful life of the petitioner's coin-operated machines.

Kearns v. Commissioner

62 T.C.M. 123 · United States Tax Court · Jul 10, 1991

Whether petitioner Janet Kearns qualifies for innocent spouse relief under section 6013(e). Petitioners resided in Jackson, Ohio, when they filed the petition in this case. … Petitioners failed to maintain books or records sufficient to clearly reflect income; accordingly, respondent is authorized by section 446 to reconstruct income with a method which clearly reflects the full amount of income

Reese v. Commissioner

35 T.C.M. 1228 · United States Tax Court · Aug 30, 1976

Clearly, this vague testimony is not the specific and detailed statement *134 contemplated by the statute or the regulations. … No note or other evidence of indebtedness was executed by IIC in favor of petitioner. 12 No interest rate or repayment schedule was established.

Lewis v. Commissioner

40 T.C.M. 1049 · United States Tax Court · Aug 25, 1980

Alternately, petitioners rely on Walters' "nearest equivalent position" analysis to establish that some, if not all, of the futures contracts were hedges. … Clearly, the pavement is not used as an integral part of any activity specified in subparagraph (B) and does not constitute any type of facility specified in the subparagraph.

Estate of Meredith v. Commissioner

41 T.C.M. 923 · United States Tax Court · Feb 23, 1981

It is clearly agreed that the interest earned on the certificates of deposit may be used for the payment of interest on the note. … will not be readily tradable in an established securities market), or (B) in any other form designed to render such bond or other evidence of indebtedness readily tradable in an established securities market, shall not be

Stulz v. Comm'r

2007 T.C. Summary Opinion 115 · United States Tax Court · Jul 3, 2007

Petitioner argues that the statements clearly show pay and allowances directly from U.S. Army funds. … Petitioners propose that 10 U.S.C. sec. 2031(d) establishes equitable parity in the compensation of retired and active duty instructors.

Connolly Tool & Engineering Co. v. Commissioner

23 T.C.M. 1222 · United States Tax Court · Jul 27, 1964

Petitioner does not contest respondent's determination that the use of inventories in computing its cost of goods sold is necessary to clearly reflect its income. … We think petitioner has established that the $6,000 bonus to its president could not have been paid *147 without undue financial inconvenience until sometime after January 1, 1960.

Summit Pub. Co. v. Commissioner

59 T.C.M. 833 · United States Tax Court · Jun 11, 1990

Mogavero was the person clearly in command of Summit. Additionally, his expertise and performance in the sales area was a major factor (likely the most important) in the success of Summit. … Lively, he was not qualified as an expert and we do not rely upon his testimony for that purpose.