Case law

Alexander Shokai, Inc. v. Commissioner

63 T.C.M. 1870 · United States Tax Court · Jan 21, 1992

However, petitioners failed to establish this fact clearly. It is clear she never came into the office and was no longer actively involved in the affairs of the corporation. … Petitioner's Reliance on an Accountant A taxpayer may rebut the Government's proof *101 of fraud by establishing a good faith reliance on a qualified accountant after full disclosure of tax-related information.

Michael J. Rogerson

United States Tax Court · May 12, 2022

(ii)(A) and (B) (establishing exceptions based on the “average period of customer use”), and Treas. … Rogerson has failed to establish that his yacht activities qualify under the exceptions provided in the temporary regulations.

Stan Frisbie, Inc. v. Commissioner

60 T.C.M. 440 · United States Tax Court · Aug 6, 1990

Upon establishing SFI, Frisbie hoped to consummate "million dollar deals." … We need not, however, consider what portion qualifies as such since SFI has failed to establish that the sailboat was not an "entertainment facility" within the meaning of section 274(a)(1)(B).

Ernest S. Ryder & Associates, Inc., APLC

United States Tax Court · Jul 14, 2021

Ryder created BFA in the Turks and Caicos in 1996, just after R&A’s establishment. … Ryder clearly made an economic outlay to Ammon by paying $10,000 cash, giving him $10,000 basis in the stock thereby acquired.

Ernest S. Ryder & Patricia A. Ryder

United States Tax Court · Jul 14, 2021

Ryder created BFA in the Turks and Caicos in 1996, just after R&A’s establishment. … Ryder clearly made an economic outlay to Ammon by paying $10,000 cash, giving him $10,000 basis in the stock thereby acquired.

Ross v. Commissioner

31 T.C.M. 488 · United States Tax Court · May 25, 1972

We hold that this claim does not qualify under section 217, supra. Further, petitioner deducted $175 for breaking a lease. … We hold that these expenditures do not qualify as expenses of moving household goods or as a travel expense under the statute. This type of expense is clearly disallowed by section 1.217-1(b)(3), Income Tax Regs.

Thompson v. Commissioner

39 T.C.M. 728 · United States Tax Court · Dec 17, 1979

Clearly, the purpose of the hunts was to entertain clients of petitioners in a way which would engender goodwill. … Generally, entertainment shall not be considered to have occurred in a clear business setting unless the taxpayer clearly establishes that any recipient of the entertainment would have reasonably known that the taxpayer had

Marx v. Commissioner

62 T.C.M. 1370 · United States Tax Court · Dec 3, 1991

In order for damage to qualify as a deductible casualty, there must be an abrupt change in the property's form. … Respondent contends that petitioners could not deduct the loss until it was conclusively established that they could not recover on the judgment obtained in the action against ABCO.

Kupersmit v. Comm'r

112 T.C.M. 492 · United States Tax Court · Nov 8, 2016

No other position is clearly articulated by him. e. … However, respondent prepared a substitute for return.11 The substitute for return qualifies as a return for purposes of section 6651(a)(2). See sec. 6651(g)(2); Cabirac v. Commissioner, 120 T.C. at 170.

Pavel Dobra and Ana Dobra v. Commissioner

111 T.C. No. 19 · United States Tax Court · Dec 29, 1998

Section 131(b) defines the “qualified foster care payments” (QFCP) referred to by section 131(a). … However, our belief that the ordinary, everyday meaning of a person's "home" was his (or her) place of abode, was clearly a key factor in our decision.

Fattore v. Commissioner

22 T.C.M. 1093 · United States Tax Court · Aug 20, 1963

As such, the expenditures are clearly deductible under section 1.162-5(a)(1) of the Income Tax Regulations issued as an interpretation of section 162(a) of the 1954 Code. … B's expenses are not deductible because the course of study qualified him for a specialty within his trade or business.

Ernest S. Ryder & Associates, Inc., APLC

United States Tax Court · Jul 14, 2021

Ryder created BFA in the Turks and Caicos in 1996, just after R&A’s establishment. … Ryder clearly made an economic outlay to Ammon by paying $10,000 cash, giving him $10,000 basis in the stock thereby acquired.

Sather v. Commissioner

78 T.C.M. 456 · United States Tax Court · Sep 17, 1999

Rodney's participation in the gift giving in no way lends economic reality to the form in which the other donors structured the transfers, and his participation does not immunize the questioned transfers from application … Reasonable reliance on the advice of counsel or a qualified accountant can, in certain circumstances, be a defense to the accuracy-related penalty for negligence. See, e.g., Ewing v.

Development Corp. of America v. Commissioner

55 T.C.M. 455 · United States Tax Court · Mar 24, 1988

such a loss had not been established. … We think these two provisions in the acquisition agreement clearly express the intent that the acquisition qualify under section 368(a)(1)(B) . On its face, the acquisition agreement is not ambiguous.

Pleasant Summit Land Corp. v. Commissioner

54 T.C.M. 566 · United States Tax Court · Sep 17, 1987

Although the property had appreciated substantially over a 7-year period, PSA clearly did not receive an amount equal to what it purports to have paid for the buildings and personal property alone. … PSA has not established any depreciable basis in the property, nor has it established the existence of any bona fide debt. The partnership is thus not entitled to deductions for depreciation or interest.

Lawson v. Comm'r

110 T.C.M. 424 · United States Tax Court · Oct 28, 2015

Bey’s willingness to allow RA Enriquez to examine her computer--which petitioners claim contained the necessary information--qualifies as sufficient substantiation. … Petitioners failed to establish that the settlement proceeds are within the clear scope of a statutory exclusion.

Sparks Farm, Inc. v. Commissioner

56 T.C.M. 464 · United States Tax Court · Oct 12, 1988

Thus, the record overwhelmingly establishes that Sparks Farm, Inc. was not an agent for Mrs. … Sparks clearly stated that if asked to manage a farm she would ask for a fee of ten percent of the farm's net income. If Mrs.

Rojas v. Commissioner

90 T.C. 1090 · United States Tax Court · May 25, 1988

Congress did not restrict the tax-benefit rule's application under section 464; it instead established that rule's exclusionary element in section 111. … However, the majority, through its analysis, has not forthrightly established a rule of general applicability.

Douglass v. Commissioner

48 T.C.M. 538 · United States Tax Court · Jul 19, 1984

To qualify for relief under section 6013(e) , 5 the evidence must show: 1. … To qualify for relief under section 6013(e) , all three of those elements must be established. Quinn v. Commissioner, 524 F.2d 617 , 626 (7th Cir. 1975) , affg. 62 T.C. 223 , 230 (1974) ; Estate of Jackson v.

Curcio v. Comm'r

99 T.C.M. 1478 · United States Tax Court · May 27, 2010

The deductibility of an employer’s contributions to a welfare benefit fund is further limited by section 419(b) to the fund’s qualified cost for the taxable year. … Under the circumstances of these cases, exploration of the intricacies of section 419 would not be productive and might be misleading as applied to future cases where the benefits provided did not so clearly exceed ordinary