Case law

Estate of Morse v. Commissioner

69 T.C. 408 · United States Tax Court · Dec 6, 1977

At his death in 1962, Lucile became the income beneficiary of two trusts, trust A and trust B, established by Zimmer. … Clearly, in many, if not most, instances the elements of bargain and consideration will be undistinguishable.

Estate of Davis v. Commissioner

86 T.C. 1156 · United States Tax Court · Jun 11, 1986

of [the trust] are qualified heirs.” … In this connection, we will focus primarily upon three of the will clauses: the 8th, which establishes a trust for decedent’s wife, Nancy (the marital trust); the 9th, which establishes a trust for decedent’s children (the

Central Produce Co. v. Commissioner

18 T.C. 267 · United States Tax Court · May 13, 1952

Black, Judge: Petitioner’s assignments of error do not identify very clearly what statutory grounds it relies upon for relief under section 722 of the Code. … Even if we assume that the change in transportation methods which petitioner put into effect in 1939 qualifies as a change under (i) above, it clearly does not qualify under (ii) above.

Los Angeles Cent. Animal Hospital, Inc. v. Commissioner

68 T.C. 269 · United States Tax Court · May 25, 1977

The medical records here were clearly a major factor which would be relied upon by the purchaser for the production of income in the operation of the business. … From those records, the operator of the business is able to generate business by contacting the pet owners whose animals require periodic immunization and innoculation.

Ratke v. Comm'r

129 T.C. 45 · United States Tax Court · Sep 5, 2007

In this respect, the instant case is clearly distinguishable from Hartz Mountain Industries, Inc. A fortiori, a document prepared for the same litigation, as in the instant case, qualifies as work product. … To the extent the work-product immunity could have such an effect, it is waived. [Id. at 1303.] In Hartz Mountain Industries, Inc. v.

Centralia Federal Sav. & Loan Asso. v. Commissioner

66 T.C. 599 · United States Tax Court · Jun 28, 1976

The intent to create and maintain a bad debt reserve was clearly present here (unlike Rio Grande, issue 3). … But in August 1965, the taxpayer for the first time established a “reserve for losses on qualifying real property loans.”

Glenn v. Commissioner

62 T.C. 270 · United States Tax Court · May 30, 1974

Later that year, on December 1, petitioner withdrew from Peat, Marwick, and established his own public accounting firm. Among his employees at such firm are five C.P.A.’s. … In effect, in tax matters, the ability of a C.P.A. is not so unlike that of an attorney, a comparison which clearly cannot be made in the case of a public accountant.

Amaral v. Commissioner

90 T.C. 802 · United States Tax Court · Apr 26, 1988

Therefore, no U.S. citizen who was paid by the United States and seconded to NATO could qualify for the section 911 exclusion. … Petitioner did not qualify for the section 911 exclusion during either of these years because he did not reside in a hardship area.

Aero Rental v. Commissioner

64 T.C. 331 · United States Tax Court · May 29, 1975

Aero clearly proceeded with due diligence to secure a determination for 1970. … The petitioner established that in approximately one-half of the determinations issued by the Phoenix office in similar situations in the years 1969 through 1971, the determination held the plan was qualified for the earlier

Riggs Nat'l Corp. & Subsidiaries v. Commissioner

107 T.C. 301 · United States Tax Court · Dec 10, 1996

However, on cross-examination, he acknowledged that, in 1983 and 1984, the National Monetary Council had set a minimum loan term of 10 years in order to qualify for exemption under Decree-law 1,215, whereas the phase I and … Establish a tax on: a. The assets, revenues, or services of one another. * 5J- * * * -Y % Paragraph 1.

Federal Land Bank Asso. v. Commissioner

67 T.C. 29 · United States Tax Court · Oct 6, 1976

Thus the issue is clearly joined: How essential are the participation requirements of section 3001 of ERISA to section 7476 of the Internal Revenue Code? … If the Service -ultimately concludes that a plan is no longer qualified, then the Service is to proceed in the usual manner by notice of deficiency.

Johnston v. Comm'r

119 T.C. 27 · United States Tax Court · Aug 8, 2002

The defendants asserted the affirmative defense of qualified immunity based upon having acted in good faith, and the plaintiff sought discovery of legal advice the defendants received with respect to his confinement. … established constitutional rights.”

Estate of Simmons v. Commissioner

94 T.C. 682 · United States Tax Court · May 2, 1990

The record clearly establishes that Mr. and Mrs. Simmons’ 1986 return omitted no gross income. All the reportable gross income that respondent’s deficiency determination is based on is reported on the 1986 return. … The understatement of tax in this case is clearly not attributable to an erroneous claim of deduction, credit, or basis.

Estate of Johnson v. Commissioner

56 T.C. 944 · United States Tax Court · Aug 9, 1971

generally exempt from taxes due to their State-owned status rather than section 501(a), to omit them from the sections requiring taxation of unrelated-business income would leave the door open for a claim of complete tax immunity … A state or municipality itself, however, would not qualify as an organization described in section 501(c) (3) since its purposes are clearly not exclusively those described in section 501(c)(3) of the Code.

Polish Army Veterans Post 147 v. Commissioner

24 T.C. 891 · United States Tax Court · Aug 11, 1955

Similarly, the Home Association has not shown that it qualifies as an exempt organization under section 101 (9). … Also, they have made no attempt to establish the amount of depreciation which was allowed or the amount which should have been allowed.

Towne v. Commissioner

78 T.C. 791 · United States Tax Court · May 12, 1982

The parties agree that the ManuLife policy does not by itself qualify as group term life insurance. … The trust just as clearly stated that it was designed to establish a revised plan of group insurance which would include both the existing master group policy and any individual policies issued to the trustee.

Buzzetta Constr. Corp. v. Commissioner

92 T.C. 641 · United States Tax Court · Mar 27, 1989

Respondent was not clearly required by that regulation to allow correction in this case. … That the corporation made plan contributions in excess of the section 415 maximum dollar limitations was clearly a change in the facts upon which the plan’s tax-exempt ruling was based.

Jungreis v. Commissioner

55 T.C. 581 · United States Tax Court · Dec 24, 1970

The educational expenses incurred by him were clearly for the purpose of “commencing” and “increasing,” rather than for “carrying on” or “preserving,” and therefore do not constitute allowable deductions under section 162 … Moreover, the facts of the instant case clearly give rise now to a nondeductible educational expense deduction under section 1.162-5 (b) (2) (iii), Example (2), of the 1967 regulations. 7 Cf. Jeffry L.

CWT Farms, Inc. v. Commissioner

79 T.C. 1054 · United States Tax Court · Dec 23, 1982

It is clear that International, if it satisfies the other conditions of section 992(c), may yet establish that it was a DISC for its taxable years ending in 1975,1976, and 1977. … The DISC legislation clearly reflects a congressional policy to limit qualified producer loans in order to ensure that tax-deferred DISC profits are used solely for exporting.

Commercial Sav. & Loan Asso. v. Commissioner

53 T.C. 14 · United States Tax Court · Oct 6, 1969

Allowing a taxpayer to deduct amounts for losses which have not yet occurred, and at the same time allowing it to use such amounts currently for other purposes, would clearly circumvent the intention of the provisions of … Establishment of reserves. — Each taxpayer described in subsection (a) which uses the reserve method of accounting for bad debts shall establish and maintain a reserve for losses on qualifying real property loans, a reserve