Case law

Thomas v. Commissioner

44 T.C.M. 1261 · United States Tax Court · Sep 28, 1982

Here the decree clearly limits the weekly payments to two years.It does not provide for any contingencies the occurrence of which would lengthen the payout period. … We conclude that the payments do not qualify under section 71(c)(2) for periodic payment treatment.

Walters v. Commissioner

56 T.C.M. 664 · United States Tax Court · Nov 15, 1988

The undenied allegations of fact contained in respondent's Amendment to Answer, and constructively admitted by petitioner under Rule 37(c) , clearly establish that: (1) petitioner derived unreported taxable wage and other … Petitioner has not been granted immunity [and] . . .

R. J. Reynolds Tobacco Co. v. Commissioner

15 T.C.M. 810 · United States Tax Court · Jun 6, 1956

Stockholdings which would qualify for participation likewise were not of a single character, since there existed various sources for stock acquisition. … This method is not adequate to establish in any degree the reasonableness of any particular individual's salary among all employees or even the officer-director group.

RJR Nabisco v. Commissioner

76 T.C.M. 71 · United States Tax Court · Jul 8, 1998

Bajaj testified that there is an accepted textbook definition of advertising.5 On cross- examination, he conceded that cigarette package graphic designs qualify as advertising under that definition. … Clearly, when the question is submitted for judicial consideration, it may not be answered ab inconvenienti by an arbitrary rule.  - 46 - II.

Alabama-Georgia Syrup Co. v. Commissioner

36 T.C. 747 · United States Tax Court · Jul 31, 1961

He was not related by blood or marriage to any of Alaga’s stockholders and owned none of its stock except for 1 share necessary to qualify him to serve as a director. Ball and Louis have been lifelong friends. … The court order of January 30, 1956, disposed of the estate assets in a manner which clearly indicates that the indebtedness of Whitfield’s estate to Alaga would never be paid and this, in effect, constituted a cancellation

Chaitlen v. Commissioner

37 T.C.M. 17 · United States Tax Court · Jan 9, 1978

Pursuant to a plan of complete liquidation adopted on September 16, 1970, State Metals reported the inventory and equipment sale for its year ended October 31, 1970, as qualifying under section 337. … That regulation applies only where no market exists for the inventory, a circumstance clearly not present in this case.

Profit Mate, Inc. v. Commissioner

36 T.C.M. 568 · United States Tax Court · May 5, 1977

On the contrary, the evidence establishes that Old AIMS was left without adequate funds to meet its accrued Federal income tax liability after the liquidating distribution to its shareholders. … While we need not and do not consider the merits of the ruling, the problem it discusses clearly provided a strong disinclination to having III assume Old AIMS' liabilities.

Levy v. Commissioner

64 T.C.M. 534 · United States Tax Court · Aug 19, 1992

The parties in this case recognize that the asset sold by petitioner qualifies as a capital asset unless it falls within the exception for a copyright or similar property. … Clearly the program codes were part of the sale. Petitioner testified that prior to the sale Mr. Johns had seen the computer program in operation at Fort Howard Paper Co.

Dodd v. Commissioner

63 T.C.M. 3141 · United States Tax Court · Jun 15, 1992

The balloon flights petitioner provided clearly fall within the parameters of section 274(a)(1)(A) . … Commissioner , 905 F.2d 1182 (8th Cir. 1990) , revg. 91 T.C. 917 (1988) , in support of his contention that the points paid qualify for the exception contained in section 461(g)(2).

Cuddeback Mem. Fund v. Comm'r

84 T.C.M. 623 · United States Tax Court · Dec 6, 2002

On that basis, petitioner's attorneys state "the attentiveness  - 10 - test is clearly met" and the adverse determination should be reversed. … We do not believe that that assertion is established by the administrative record.

Walker v. Commissioner

43 T.C.M. 104 · United States Tax Court · Dec 17, 1981

This provision provided assurance that those qualifying for the exemption would be otherwise provided for in the event of their dependency. … Thus, we do not have to decide if the expense was a deductible item, see sec. 162, or if the deduction in 1977, clearly reflects petitioners' income, see sec. 446(b). ↩ 7. See also Christie v. Commissioner , T.C.

Fason v. Commissioner

71 T.C.M. 2519 · United States Tax Court · Mar 20, 1996

To qualify for innocent spouse status, the spouse seeking relief must satisfy all of the requirements of section 6013(e)(1). … After considering the facts alleged, petitioner’s state of mind is still not established. Her state of mind is clearly an issue of material fact that is not ripe for summary adjudication.

PSB Holdings, Inc. v. Commissioner

129 T.C. No. 15 · United States Tax Court · Nov 1, 2007

The parties agree that the tax-exempt obligations owned by Investments are “qualified tax-exempt obligations”. … Moreover, the statutes use the term “taxpayer” in the singular, and well-established law treats Peoples and Investments as separate taxpayers notwithstanding the fact that they join in the filing of a consolidated return

Golden v. Commissioner

58 T.C.M. 185 · United States Tax Court · Sep 25, 1989

as section 179 property; and (4) the Computer Software was intangible personal property, and so it does not qualify as section 179 property. … It follows from that that petitioners have an underpayment attributable to a tax motivated transaction; *566 it clearly appears that the amount of the underpayment so attributable exceeds $ 1,000; and so petiioners are liable

Stauber v. Commissioner

63 T.C.M. 2258 · United States Tax Court · Mar 3, 1992

The appearance in the organism of the antigen causes the animal's natural immunization functions to produce antibodies in order to neutralize the effect of this foreign substance. … Reimer, that attorney reviewed the Partnership's research and development agreement for purposes of determining whether the expenditures were qualified research and experimental expenditures.

Wood v. Commissioner

14 T.C.M. 1156 · United States Tax Court · Nov 7, 1955

The petitioners have not sustained the burden of establishing that the method of accounting used by the respondent was unreasonable and arbitrary and does not clearly reflect income. … The contracts here in question do not qualify for such special treatment and the adoption of such method by the petitioners is unauthorized and does not correctly reflect true *50 income. John W. Commons, 20 T.C. 900 .

Medical Defense Associates, Ltd. v. Commissioner

48 T.C.M. 968 · United States Tax Court · Aug 28, 1984

The latter section, while clearly providing an adjustment to gross underwriting income for unearned premiums, section 832(b)(4)(B), does not otherwise define "unearned premiums." … Even assuming, without deciding, that in the narrow area of the determination of unearned premiums, there may still be room for the operation of state law, petitioner in the present case clearly cannot qualify.

Doyle v. Commissioner

74 T.C.M. 452 · United States Tax Court · Aug 28, 1997

Doyle was a partner, and it is established that the 29 partners involved invested $425,000 in the partnership. … - 22 - agreement in this case qualifies as a "writing" under section 6229(b)(1)(B).14 In sum, we hold that Mr.

Green v. Comm'r

111 T.C.M. 1299 · United States Tax Court · Apr 14, 2016

Respondent clearly and convincingly established the first element of the section 6663 civil fraud penalty. … In addition, respondent introduced evidence in the form of bank statements for 2002 to clearly establish that the Braechele and Theocentric accounts were nothing more than corporate nominees through which petitioner concealed

Synnestvedt v. Commissioner

52 T.C.M. 1402 · United States Tax Court · Jan 14, 1987

All of the races were conducted at the novice professional level, as he did not have enough points to qualify to race at the expert professional level. … However, petitioners' expert witness also is a client of John's law practice and a long-time friend of the Synnestvedt family, and his testimony clearly is biased and can be given little, if any, weight.