Case law

Bennett v. Commissioner

53 T.C.M. 472 · United States Tax Court · Mar 26, 1987

Respondent has conceded that $477,507 of the payments made by P.C.A. qualify as deductible feed expenses. … With respect to 1977, respondent also contends that Frankenberger has failed to establish what, if any, loss he is entitled to from F.O.B.

Robucci v. Comm'r

101 T.C.M. 1060 · United States Tax Court · Jan 24, 2011

Such a procedure hardly qualifies as a “business activity” within the contemplation of Moline Props., Inc. v. Commissioner, supra at 439. 10 Dr. … In respondent’s view, “[p]etitioner should have requested a second opinion after getting advice that was clearly too good to be true”. Respondent views Mr.

Sims v. Commissioner

39 T.C.M. 700 · United States Tax Court · Dec 13, 1979

A private establishment which is regularly engaged in providing the types of care or services outlined in this subdivision shall be considered an institution for purposes of the rules provided herein. … However, although such a reading of the regulations is plausible, it is clearly inconsistent with the results in several cases.

Rinehart v. Commissioner

45 T.C.M. 1185 · United States Tax Court · Apr 4, 1983

Over a three-year *641 period he obtained certain stock by exercising an option he received as a participant in his company's qualified stock option plan. … It does not establish that he was engaged in an activity for profit. Therefore, petitioner has not established that he is entitled to any deductions for farm expenses.

Pugh v. Commissioner

49 T.C.M. 748 · United States Tax Court · Feb 13, 1985

Since we believe that such evidence is clearly insufficient to meet petitioners' burden, we uphold respondent's determination on this issue. Issue 5. … Section 44C allows an individual a credit for "qualified energy conservation expenditures" and "qualified renewable energy source expenditures."

Estate of Sloan v. Commissioner

6 T.C.M. 840 · United States Tax Court · Jan 1, 1947

Briefly stated, the facts are that the petitioners are the duly qualified and acting executors of the estate of William E. Sloan, deceased, who died August 29, 1942, a resident of the City of Rochester, New York. … that at the hearing counsel for respondent specifically so limited the issue and that, relying upon this limitation, petitioners have made no attempt to meet such an issue or to present such proof as would be available to establish

PPG Industries, Inc. v. Commissioner

29 T.C.M. 1710 · United States Tax Court · Dec 31, 1970

These cases are distinguishable and are clearly not applicable to the fact situation before us. … We believe the record establishes that the transfer took place in 1960.

Wollesen v. Commissioner

54 T.C.M. 1315 · United States Tax Court · Dec 16, 1987

We disagree with petitioner that these circumstances establish a basis for estoppel. … Deduction Qualified Inv. Item Cost/Basis Life Allowable Inv.

Edem v. Comm'r

106 T.C.M. 443 · United States Tax Court · Oct 22, 2013

Bank Deposits Analysis Where a taxpayer fails to keep sufficient records under section 6001, the Commissioner may compute taxable income through a method that “does clearly reflect income.”10 The Commissioner’s use … Qualified Dividends In constructing the bank deposits analyses for 2003 and 2004, the revenue agent determined that Mrs. Edem had received dividends from Nation’s Care.

Forrer v. Commissioner

42 T.C.M. 613 · United States Tax Court · Aug 11, 1981

Dresser is clearly inapposite. There the court specifically found that the exclusive feature of the license was a capital asset. Not surprisingly, therefore, the profit derived from its sale was held to be capital gain. … This appraisal, dated November 16, 1973, was prepared by Libra's president and relied on by petitioner to establish the amount of his donation.

Hambleton v. Commissioner

43 T.C.M. 1257 · United States Tax Court · May 3, 1982

The owners of a particular piece of property need not farm the land themselves in order for it to qualify *511 for farmland assessment. … To the extent that any of these expenses were attributable to the house which was used by petitioners as a second residence, they are clearly nondeductible.

Women of the Motion Picture Indus. v. Commissioner

74 T.C.M. 1217 · United States Tax Court · Nov 17, 1997

Whether the transfers qualified as disbursements for purposes of the Texas Act is not dispositive of the Federal tax consequences. … WSA has established that it paid $1,237.60 to its bookkeeper during 1989.

Victor Attisha & Josephine Attisha

United States Tax Court · Dec 18, 2023

A defendant can qualify for the safety valve by making a proffer that the five requirements in 18 U.S.C. § 3553(f) are satisfied. 2 Uelmen & Kreit, supra, at § 15:21; see also U.S. … Respondent argues that petitioner failed to keep books and records establishing his gross income and that therefore respondent may determine income under a method that, in the opinion of the Secretary, clearly reflects income

Estate of Willis Edward Clack, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative v. Commissioner

106 T.C. No. 6 · United States Tax Court · Feb 29, 1996

Where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal would lie, our obligation as a national Court does not require a futile and … Clearly, by providing for an election, Congress’ purpose also was to allow some post mortem tax planning.

Pucci v. Commissioner

49 T.C.M. 415 · United States Tax Court · Dec 27, 1984

. : 7 Only a bona fide debt qualifies for purposes of section 166. … There is an intimation that the associate may have absconded with some or all of the $40,000, but, if so, the fact is not clearly disclosed by the record. ↩ 5.

Cook v. Commissioner

37 T.C.M. 771 · United States Tax Court · May 16, 1978

However, three conditions must be satisfied in order to qualify for the deduction: (1) the expenses must have been incurred while petitioners were away from home; (2) the expenses must have been ordinary and necessary; and … Petitioners assert that the tax home was clearly established in Nampa, Idaho.

Burwell v. Commissioner

56 T.C.M. 490 · United States Tax Court · Oct 13, 1988

Section 166(d)(2)(B) . 5 It is well established that being an employee may be a trade or business for purposes of section 166 . See Putoma Corp. v. … The section *541 38 property was therefore disposed of at most slightly more than 18 months after it was originally acquired by the partnership, which is clearly less than the 5 to 7 years estimated useful life reported by

Segal v. Commissioner

64 T.C.M. 99 · United States Tax Court · Jul 13, 1992

The larger amount clearly exceeded the fair market value of the rights the partnerships received. … Respondent does not dispute that "North Dallas Forty" was a qualified film.

Gibson v. Commissioner

41 T.C.M. 1484 · United States Tax Court · May 14, 1981

The evidence clearly shows that petitioner's developmental activities and sales of lots with houses built thereon were frequent, substantial and continuous. … The burden of proof is on petitioners to *519 establish their basis in the lots. Welch v. Helvering , 290 U.S. 111 (1933) ; Rule 142, Tax Court Rules of Practice and Procedure.

Michael Hohl & Jennifer Parker Hohl

United States Tax Court · Jan 13, 2021

While the absence of a written loan document might support petitioners as to the first factor, the partners clearly intended to treat, and did treat, the amounts received from Mr. Rodriguez as loans. … Hohl has not established that he was insolvent at the close of 2012.