Case law

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.

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.

Farka v. Comm'r

2014 T.C. Summary Opinion 73 · United States Tax Court · Jul 21, 2014

The record does not clearly show into whose bank account the refund check was deposited. … Petitioner did not establish that she had no reason to know of the receipt of the interest on the tax refund.

Gilboy v. Commissioner

37 T.C.M. 510 · United States Tax Court · Mar 22, 1978

In our opinion the factors discussed above clearly indicate the equity character of the $5,500 advance. … Respondent has disallowed the deduction in each instance on the ground that petitioner has failed to establish the "realization of a loss."

Merrill Lynch & Co., Inc. & Subsidiaries v. Commissioner

120 T.C. No. 3 · United States Tax Court · Jan 15, 2003

Because the record clearly established that the redemption of the taxpayer’s stock was part of an overall plan to terminate his entire interest in his closely held corporation, this Court held that the redemption was either … Clearly petitioners’ decision to donate the preferred stock has not been shown to be in any way fixed or binding.”).

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.

Pariseau v. Commissioner

49 T.C.M. 984 · United States Tax Court · Mar 21, 1985

Petitioner clearly attempted inconsistent explanations of his reasons for omitting income and overstating costs. … To us, the two explanations are inconsistent since knowledge of establishing reserves would imply knowledge with respect to bookkeeping.

DESAUGUSTE v. COMMISSIONER

2005 T.C. Summary Opinion 60 · United States Tax Court · May 18, 2005

Section 71(b)(1)(D) requires, as a condition to qualify as alimony, that the obligation to make payments must terminate upon the death of the former spouse. … Additions to tax under section 6651(a)(1) are imposed unless the taxpayer establishes that the failure was due to reasonable cause and not willful neglect. Id.; Crocker v. Commissioner, 92 T.C. 899, 912 (1989).

McWilliams v. Commissioner

70 T.C.M. 783 · United States Tax Court · Sep 26, 1995

Generally, the Commissioner may use a method of reconstruction that clearly reflects income. Sec. 446(b); Holland v. United States, 348 U.S. 121 (1954). … Petitioner did not provide any invoices to support the purchase of qualified property upon which a credit could have been claimed.

Wilcox v. Commissioner

49 T.C.M. 1525 · United States Tax Court · May 23, 1985

Concerning the taxable years 1979 and 1980, petitioner's personal use of all property and funds transferred to his "church" coupled with the lack of any sacerdotal or charitable activity clearly establishes that the "church … Section 170 allows deductions for charitable contributions where taxpayers can prove that the contributions were made to a qualified tax-exempt organization and that no part of the net earnings of the qualified tax-exempt

Estate of Frances Elaine Freedman v. Comm'r

93 T.C.M. 1007 · United States Tax Court · Mar 19, 2007

Encompassed within this broad pronouncement are all “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Commissioner v. … The estate, in contrast, while not disputing the applicability of TPC 438(a),3 argues that decedent clearly intended to effect a gift of one-half of the eConnect stock to Mr.

Estate of Anketell v. Commissioner

1 T.C.M. 424 · United States Tax Court · Jan 12, 1943

Blossom is the duly appointed and qualified administrator with will annexed. … I further represent that Section 4 of said will provides that the sum of ONE Hundred Fifty Thousand ($150,000.00) Dollars shall be turned over to the trustees for the purpose of establishing three separate trust funds of

Esmark, Inc. v. Commissioner

90 T.C. 171 · United States Tax Court · Feb 2, 1988

The subsequent cases cited by respondent retain the distinction established by the Supreme Court in Court Holding and Cumberland Public Service. … Petitioner also argues that the transaction was a partial liquidation under sec. 346 and would thus i qualify for nonrecognition under sec. 336.

Estate of Street v. Commissioner

56 T.C.M. 774 · United States Tax Court · Dec 6, 1988

Although by its terms the Principal and Income Act applies "in all cases where a principal has been established with or, unless otherwise stated hereinafter, without the imposition of a trust," Tenn. … requires such an allocation if it will protect the marital deduction, overrides any inference that the general provision of item II justifies that such expenses must be charged to principal. 6 Furthermore, decedent was clearly

Solati

64 T.C.M. 1280 · United States Tax Court · Nov 9, 1992

Petitioners have the burden of establishing that they are entitled to any deduction claimed on their return. Rule 142(a); Welch v. Helvering , 290 U.S. 111 (1933) . … This record clearly shows that the primary purpose of petitioners' trip to the Middle East in 1987 was personal, i.e., to visit family and friends.

Heard v. Commissioner

72 T.C.M. 891 · United States Tax Court · Oct 7, 1996

The term "qualified scholarship" refers to "any amount received by an individual as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such … Therefore, we hold that petitioner has not met his burden of establishing that any of the payments he received during the extended fellowship period commencing on June 20, 1990, were used for qualified tuition and related

Levert v. Commissioner

57 T.C.M. 910 · United States Tax Court · Jul 13, 1989

Before addressing which expenditures are currently deductible under section 617, it is helpful to note two expenditures which do not qualify for such deductibility. … Supreme Court stated the following respecting the "all events" test: It is fundamental to the "all events" test that, although expenses may be deductible before they have become due and payable, liability must first be firmly established

Westcott v. Comm'r

92 T.C.M. 426 · United States Tax Court · Nov 9, 2006

During the August 30, 2002 telephonic conference, petitioner was informed that, in order to qualify for so-called hardship status, he first must file all tax returns that were then due. … with the collection action with respect to petitioner’s taxable year 1998. 12 The IRS clearly lacks the resources to prepare tax returns for all taxpayers or to help all taxpayers in preparing such returns

Abatti v. Commissioner

37 T.C.M. 1597 · United States Tax Court · Sep 28, 1978

THE COURT: Well, respondent has indicated *208 he intends to offer it after qualifying the exhibit to be admissible through another witness. … Other portions of the materials contained in the binders would clearly not be relevant; i.e., opinions of Mr.

Halle v. Commissioner

71 T.C.M. 2377 · United States Tax Court · Mar 11, 1996

He was a qualified, competent, and thorough witness who gave reliable and detailed testimony. … Memo. 1990-395 (car purchased as family car and later also used in taxpayer's trade or business does not qualify for section 179 deduction).