Case law

Hart v. Commissioner

27 T.C.M. 628 · United States Tax Court · Jun 26, 1968

Respondent explained his disallowance of petitioner's two claimed dependency credit exemptions with the statement that petitioner had failed *184 to establish that his two daughters qualified as his dependents under section … Petitioner has totally failed to establish that he is entitled to dependency credit exemptions for his two children for 1963, 1964, and 1965.

Zilberberg v. Comm'r

101 T.C.M. 1012 · United States Tax Court · Jan 5, 2011

When a taxpayer establishes a deductible expense but is unable to substantiate the precise amount, the Court may approximate the amount that is deductible so long as the taxpayer presents sufficient evidence to establish … He also does not qualify for any of the exceptions listed in section 6654(e).

Kevin F. Long

United States Tax Court · Oct 30, 2023

Long therefore had plausible arguments—even if not winning arguments—that his RCP was less than what IRS Appeals had determined it to be, and that accordingly he might still qualify for an OIC. Had Mr. … The parties had clearly established a pattern of responding between five and seven days after receiving communications from each other, and Mr.

Rhoades v. Commissioner

23 T.C.M. 2056 · United States Tax Court · Dec 29, 1964

Overseas International, Ltd., arranged meetings with only those companies it thought to be qualified to do this type of work for him. Petitioner discussed his idea with six different companies. … His testimony clearly demonstrates the fact *21 that at that time he was endeavoring to establish such a trade or business and, further, that he has never succeeded in doing so.

Langille v. Comm'r

99 T.C.M. 1197 · United States Tax Court · Mar 18, 2010

Clearly more than 3 years elapsed (in fact almost 12 years elapsed) between the deemed filing date for Ms. … But that contention is clearly wrong; only the interest portion of such payments is currently deductible. Ms.

Dible v. Commissioner

58 T.C.M. 556 · United States Tax Court · Oct 30, 1989

As of March 3, 1982, petitioner qualified for early retirement from ALCOA under a job elimination program known as the 70/80 Retirement Plan. On March 3, 1982, petitioner informed his immediate supervisor, Edward M. … His vague and inconsistent testimony establishes *593 nothing more than that petitioner was a disgruntled employee. Petitioners must meet their burden of proof with evidence, not assumption and speculation.

Johnston v. Commissioner

35 T.C.M. 642 · United States Tax Court · May 6, 1976

Tex-Ex had been issued a determination letter qualifying it as a taxexempt organization under section 501(c)(3). … Under these circumstances, where there has been no effective separation of the "fruit" from the "tree," the law clearly taxes income when and as received.

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.

Finney v. Commissioner

39 T.C.M. 938 · United States Tax Court · Jan 28, 1980

Clearly the evidence presented does not conform with the adequate records requirement of section 1.274-5 (c) (2), Income Tax Regs. Cf. Rutz v. … Applying the same section 162 tests to the entertainment expenses, we find that such expenses qualify as ordinary and necessary expenses under that section.

Ginsberg v. Commissioner

63 T.C.M. 3202 · United States Tax Court · Jun 29, 1992

does not qualify for section 1244 treatment. … Budd Nail's capitalization was clearly inadequate to fund its operations.

Shepherd v. Commissioner

35 T.C.M. 219 · United States Tax Court · Feb 26, 1976

The operating expenses of automobiles to the extent used in a trade or business qualify for the deduction. Section 1.162-1(a), Income Tax Regs. … We are satisfied by the evidence presented that petitioner in fact made contributions to a qualified religious organization.

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.

Peck v. Commissioner

44 T.C.M. 1030 · United States Tax Court · Sep 8, 1982

Peck testify unequivocably that she worked the hours she worked with the intent to make a profit, but all other facts clearly indicate that this was her intent. … Clearly she was not engaged in the activity for personal pleasure or recreation. The facts in this case are clear that Mrs.

Braden B. Blake & Kristen S. Blake

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.

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.

Estate of J. F. Ames v. Commissioner

5 T.C.M. 73 · United States Tax Court · Feb 7, 1946

Ames was president and owned all of the stock, except qualifying shares, of the Ames Bag Machine Company, located at Cleveland, Ohio, and, as sole proprietor, he owned and operated the Selma Manufacturing Company, located … We think these enumerated facts establish conclusively that the $73,310.47 *277 shown in the "M. P. Ames Personal Account" constituted an indebtedness of M. P. Ames to J. F.

Estate of Howell v. Commissioner

1 T.C.M. 481 · United States Tax Court · Jan 28, 1943

The petitioners are executors, duly appointed and qualified under the will of the decedent. … Particularly is this so, where, as here, the record demonstrates so clearly the motivating purpose for the creation of the trust to have been other than contemplation of death within the meaning of the controlling statute

Goldman v. Commissioner

55 T.C.M. 1490 · United States Tax Court · Aug 8, 1988

As originally planned, FPL's strategy was to develop and introduce the Ovu-Guide first to establish credibility and then to introduce the NFP. … Petitioner argues that 75 percent of FPL's expenses in 1975 through 1977 qualify as research and development expenses under section 174 .

Pagarigan v. Comm'r

2010 T.C. Summary Opinion 167 · United States Tax Court · Nov 2, 2010

Peccia contacted Avenida, stating that BCPS would like to hire 12 or more qualified Filipino teachers. … The taxpayer must meet all of the requirements to qualify for the income exemption.

American Sec. Co. v. Commissioner

2 T.C.M. 356 · United States Tax Court · Jun 25, 1943

Dent, who received qualifying shares of stock in the amount of one share each. … However, the record establishes clearly that it was agreed by Pyramid, Oliver & Freeling, and McMillen, prior to petitioner's incorporation, that petitioner's stock would be issued to the eight individuals in return for their