Case law

Retail Properties, Inc. v. Commissioner

23 T.C.M. 1463 · United States Tax Court · Sep 18, 1964

Petitioner argues that its transaction with Limited fails to qualify as a section D reorganization because the stock of the transferee, Limited, was not, as required by said section, "distributed in a transaction which qualifies … Section 361, previously quoted, shows that transfers for stock, securities, or money were clearly contemplated.

Evans v. Commissioner

66 T.C.M. 988 · United States Tax Court · Oct 5, 1993

In this case, the record clearly indicates that Seaway Marine was incorporated in 1984 for the purpose of starting a new boat dealership business, and the disallowed deductions were for expenses actually incurred by Seaway … The facts in this case establish that petitioner did not have actual knowledge of the substantial understatement.

Baker Commodities, Inc. v. Commissioner

48 T.C. 374 · United States Tax Court · Jun 23, 1967

In the notices of deficiency received by the individual petitioners dated June 17, 1965, respondent determined that all amounts of income received by the Jerome Bros, partnership from New Baker constituted qualifying dividends … If form alone were controlling, we think the note in question clearly evidenced a true indebtedness. It contains an unconditional promise to pay a sum certain, together with interest, at designated intervals.

Anderson v. Commissioner

34 T.C.M. 1321 · United States Tax Court · Oct 1, 1975

These rules are qualified, however, by section 446(b) which provides that if the method used does not clearly reflect income, the Commissioner may compute the taxable income under a method which does clearly reflect income … Moreover, in order to overcome respondent's determination in this area, the taxpayer must establish that the respondent has abused his discretion. Fort Howard Paper Co., supra ; Michael Drazen, 34 T.C. 1070 (1960) .

Muller v. Comm'r

2007 T.C. Summary Opinion 207 · United States Tax Court · Dec 10, 2007

The record clearly demonstrates that the payment he recalled was made in 2002, the year before the IRA distribution. … At trial petitioners took the position that $40,000 of the IRA distribution was excludable from their 2003 income because that amount was “rolled over” into a different qualifying account.

Moser v. Commissioner

56 T.C.M. 1604 · United States Tax Court · Mar 30, 1989

In the instant case, several provisions in the plan documents clearly prohibit the reversion of any funds to the employer. … Page qualified as petitioners' *218 expert, and Esmond C. Lyons, Jr. qualified as respondent's expert.

Plante v. Commissioner

49 T.C.M. 963 · United States Tax Court · Mar 19, 1985

Respondent challenges petitioner's 1980 theft loss deduction for the following reasons: 1) petitioner failed to establish that a theft loss occurred; and 2) petitioner failed to establish that he discovered the alleged theft … Section 165 clearly provides that a theft loss is deductible only in the year of discovery. Accordingly, respondent is sustained on this issue. 5 2.

De Voe v. Commissioner

52 T.C.M. 641 · United States Tax Court · Sep 24, 1986

Second, we must determine if petitioner met the four criteria to qualify for the option to expense IDC costs under section 1.612-4(a), Income Tax Regs. … Petitioner, when referring to section 263(c) to justify his deductions, must establish that he falls within its terms. Roberts v. Commissioner, 62 T.C. 834 , 836 (1974) .

Greenway v. Commissioner

40 T.C.M. 24 · United States Tax Court · Mar 31, 1980

Respondent is clearly correct in his assertion that the amount of depreciation claimed by petitioner is in excess of that to which he would be entitled if he established that he was otherwise entitled to deduct his automobile … The investment credit is allowable for qualified investment in section 38 property, which is defined to include only property having a useful life of 3 years or more with respect to which depreciation is allowable.

Russell v. Commissioner

45 T.C.M. 571 · United States Tax Court · Jan 24, 1983

THE PETITIONER HAS FULLY ESTABLISHED THAT THE DISPUTED EDUCATIONAL EXPENSES WERE INCURRED TO MAINTAIN AND IMPROVE THE SKILLS REQUIRED IN HIS EMPLOYMENT AS A PROFESSIONAL PILOT. B. … Respondent has clearly raised the reimbursement issue in his deficiency notice. That issue is critical to a proper determination of this case.

Parsons v. Commissioner

51 T.C.M. 366 · United States Tax Court · Jan 29, 1986

. *570 The record does not clearly establish whether petitioner requested, or the Department of Agriculture granted, such an extension. 2 The timber sale contract required petitioner to cut and remove the timber designated … Again, there is no probative evidence to establish the cunits of timber that remained unsold at the end of 1979.

Jackson v. Commissioner

45 T.C.M. 569 · United States Tax Court · Jan 24, 1983

THE PETITIONER HAS FULLY ESTABLISHED THAT THE DISPUTED EDUCATIONAL EXPENSES WERE INCURRED TO MAINTAIN AND IMPROVE THE SKILLS REQUIRED IN HIS EMPLOYMENT AS A PROFESSIONAL PILOT. B. … Respondent has clearly raised the reimbursement issue in his deficiency notice. That issue is critical to a proper determination of this case.

McIlvoy v. Commissioner

38 T.C.M. 987 · United States Tax Court · Jun 28, 1979

or other trade or business, or (2) Meets the express requirements of the individual's employer, or the requirements of applicable law or regulations, *283 imposed as a condition to the retention by the individual of an established … Clearly these two courses were related to petitioner's skills as a technical engineer.

Park v. Commissioner

68 T.C.M. 184 · United States Tax Court · Jul 25, 1994

Once the Commissioner finds that a taxpayer's records are incomplete or that they do not accurately establish income, she may reconstruct the taxpayer's income using a method that in her opinion does clearly *348 reflect … Forms 1040A and 1040 are clearly identified by codes in the DLN's of the listed returns. Schedule C or F returns are clearly identified by an entry in one of two columns, labeled "SCH C" and "SCH F".

Schulze v. Commissioner

72 T.C.M. 647 · United States Tax Court · Sep 17, 1996

Under section 117(b)(1), the term "qualified scholarship" means any amount received by an individual as a scholarship or fellowship grant to the extent such amount was used for "qualified tuition and related expenses". … If such were the case, it was incumbent upon petitioner to establish that fact, other than by his own self-serving testimony. Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); see Wichita Terminal Elevator Co. v.

Pittman v. Commissioner

78 T.C.M. 873 · United States Tax Court · Nov 29, 1999

Petitioners will nevertheless fail to qualify as the prevailing party if respondent can establish that his position in the court and administrative proceedings was substantially justified. … to more clearly reflect the taxpayer's income.

Callahan v. Comm'r

105 T.C.M. 1775 · United States Tax Court · May 22, 2013

Background The Supreme Court has defined income as “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Commissioner v. … Under section 163(h)(2)(D), “qualified residence interest” is deductible.

Gilbert v. Commissioner

53 T.C.M. 461 · United States Tax Court · Mar 26, 1987

Respondent also disallowed the investment credit claimed with respect to the Movie based upon the determinations that the Movie did not constitute qualifying property and that petitioner failed to establish his basis in the … Although he valued the rights to distribute the Movie nationally at $750,000, at trial we ruled that petitioner had failed to establish that Felton qualified as an expert to value production costs 22 or to determine what

Shedco, Inc. v. Commissioner

76 T.C.M. 267 · United States Tax Court · Aug 12, 1998

Shedd failed to demonstrate that it was clearly prudent not to diversify plan investments. … We are not persuaded that it was  - 35 - clearly prudent not to diversify.

Coburn v. Comm'r

91 T.C.M. 1243 · United States Tax Court · Jun 8, 2006

We conclude that petitioner has not established that there was a limited availability of qualified attorneys for the instant proceedings, that there was a limited availability of tax expertise, or that the issues presented … in Coburn I were of sufficient difficulty to qualify as a special factor under section 7430(c)(1)(B)(iii).