Case law

Cox v. Commissioner

62 T.C. 247 · United States Tax Court · May 16, 1974

it did not qualify in the year of sale. … 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

McKenzie v. Commissioner

85 T.C. 875 · United States Tax Court · Nov 27, 1985

That provision is clearly tied to specific types of activities that are not involved in this case. We will discuss each contention in turn. I. … Taxpayers’ litigation to establish their right to these credits is both expensive and troublesome, particularly in cases involving small farmers with limited amounts of eligible property.

Land v. Commissioner

61 T.C. 675 · United States Tax Court · Feb 25, 1974

These cards were “established to meet the requirements of the Geneva Conventions to protect war victims.” … In such a situation the burden of proof is upon the claimant to trace and clearly identify any separately held property. Tarver v. Tarver, 394 S.W. 2d 180 (Tex. 1965).

TG Mo. Corp. v. Comm'r

133 T.C. 278 · 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.

Jelle v. Commissioner

116 T.C. 63 · United States Tax Court · Jan 31, 2001

consists of qualified real property business indebtedness. … Additional circumstances in which no income from cancellation of indebtedness need be recognized are established by case law.

Greene v. Commissioner

88 T.C. 376 · United States Tax Court · Feb 5, 1987

The notice of deficiency disallowed petitioners’ losses from RRA because “you have failed to establish that you are entitled to any portion of the loss claimed under any provision of the Internal Revenue Code.” … The lessor must have sufficient net worth (without regard to the value of any leases which qualify under section 168(f)(8)) to satisfy any personal liability incurred.

Ehrhart v. Commissioner

57 T.C. 872 · United States Tax Court · Mar 28, 1972

To become recognized as a fully qualified actuary, one must pass a series of 10 examinations administered by the Society of Actuaries, the authoritative organization which establishes the qualifications of actuaries in the … As a prerequisite to matriculation a student was required to have passed the first two examinations, or to have demonstrated clearly his ability to pass such examinations.

Mogab v. Commissioner

70 T.C. 208 · United States Tax Court · May 15, 1978

Section 1244(c)(1)(A) establishes a plan requirement: (1) In general. — For purposes of this section, the term “section 1244 stock” means common stock in a domestic corporation if — (A) such corporation adopted a plan after … Although section 1244(c)(1)(A) has no direct reference to a written plan containing a specific maximum dollar amount to be received thereunder, the Secretary of Treasury, in drafting section 1.1244(c)-l(c), Income Tax Regs., clearly

Saviano v. Commissioner

80 T.C. 955 · United States Tax Court · May 18, 1983

We agree with the respondent that the petitioner has erroneously concluded that a payment for tax purposes is established merely by proof that money or other property has changed hands. … Consideration of the documentation alone clearly establishes that no actual obligation was intended or created and no economic detriment suffered for which a deduction can be allowed under section 616(a) or any other section

Thrift v. Commissioner

15 T.C. 366 · United States Tax Court · Sep 29, 1950

The petitioner’s conduct prior to the year 1946 clearly establishes that he acquired the property as an investment and was not engaged in the business of buying and selling real estate. … In our opinion, the record clearly establishes that petitioner undertook to subdivide the tract, improve the streets, and install the water and sewer systems only because the-'builders were financially unable to provide for

Stratton v. Commissioner

52 T.C. 378 · United States Tax Court · Jun 4, 1969

While deferral of home leave appears to constitute an exception to the established policy of the Department of State, the regulations clearly contemplate that such an exception may be made for personal reasons so as to “avoid … The regulations pertaining to home leave indicate the clearly personal nature of home leave.

Kamborian v. Commissioner

56 T.C. 847 · United States Tax Court · Jul 27, 1971

In particular, lie urges that petitioners have failed to establish the nature of the understanding between Jacob and his son at the time the advance was made and have also failed to establish Jacob, Jr.’s disposition, of … On this state of the record we hold that petitioners have failed to establish that they are entitled to the deduction.

Church in Boston v. Commissioner

71 T.C. 102 · United States Tax Court · Nov 1, 1978

It was only after the submission of these documents that respondent determined that petitioner did not qualify as an exempt organization. … Clearly this information precluded respondent from determining whether the grants were made in an objective and nondiscriminatory manner and whether the distribution of such grants was made in furtherance of an exempt purpose

Pelton & Crane Co. v. Commissioner

20 T.C. 967 · United States Tax Court · Sep 10, 1953

In view of the fact that petitioner has not established that it qualifies for relief under section 722 (b) (1) and (4), it is unnecessary to consider its method of reconstructing average base period net income. … (a) General Rule. — In any case In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

White v. Commissioner

28 T.C. 234 · United States Tax Court · Apr 30, 1957

This, however, is merely one qualifying factor under section 722 (b) .(4). … To qualify for relief under section 722 White must show not only that its average base period net income is an inadequate standard of normal earnings, but must also establish what would be a fair and just amount representing

Estate of Carroll v. Commissioner

38 T.C. 868 · United States Tax Court · Sep 17, 1962

The chapel qualifies under the Canon Law of that church as a “public oratory,” which means that it is a place for worship by members of the public, generally. … Thus tbe Internal Revenue Service has recognized that where expenditures made by an individual were clearly for “the use” and the benefit of a qualified public charity, deductions therefor are allowable, even though there

Kansas Sand & Concrete, Inc. v. Commissioner

56 T.C. 522 · United States Tax Court · Jun 17, 1971

(c) The corporate identity, existence, purposes, powers, franchises, rights, and immunities of Sand shall be merged into Concrete and Concrete shall be fully vested therewith. … Congress has established few guidelines for the analysis of step transactions.

Hachette USA v. Commissioner

105 T.C. 234 · United States Tax Court · Sep 25, 1995

(b) Definitions and Special Rules. — For purposes of this section— (5) Qualified sale. — A sale of a magazine, paperback, or record is a qualified sale if— (A) at the time of sale, the taxpayer has a legal obligation to adjust … Second, it ‘must clearly reflect the income.’” Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532 (1979).

Estate of Landers v. Commissioner

38 T.C. 828 · United States Tax Court · Sep 13, 1962

The absence of collusion is established by a showing of adverseness between the parties in the State court proceeding. Saulsbury v. United States, supra. … However, it is apparent that the instant case is clearly distinguishable from Cunha, Quivey, and Shafer. Estate of Proctor D. Bensenhouse, supra.

Associated Hospital Services, Inc. v. Commissioner

74 T.C. 213 · United States Tax Court · May 6, 1980

The Senate version of the above bill would have treated virtually all entities established by tax-exempt hospitals as charitable organizations. … establishes its own laundry facilities and sells service to other hospitals.