Case law

Griffin v. Commissioner

61 T.C.M. 2988 · United States Tax Court · Jun 25, 1991

The evidence clearly establishes that all of the checks which form the basis for respondent's determination were missappropriated by someone. … The record also clearly and convincingly establishes that petitioner received the other amounts that were misappropriated from McAnallen during 1985 and 1986.

Morrow v. Commissioner

55 T.C.M. 1551 · United States Tax Court · Aug 15, 1988

The amount of this credit is limited to the percentage of a taxpayer's qualified investment in section 38 property. Sec. 46(a)(2)(A)(i) . Qualified investment is a percentage of basis, and basis is generally cost. … Thus, even if profit objective could be established, petitioner has not established the fair market value of the master recording, and would not be entitled to the investment *423 tax credit in the amount taken.

Estate of Parshelsky v. Commissioner

22 T.C.M. 911 · United States Tax Court · Jul 10, 1963

The law of the case is established and we are directed to make a factual determination within the narrow framework of the mandate. … [COUNSEL FOR RESPONDENT]: If that were clearly established that that was the purpose * * *. ↩ 2. Sec. 29.112(b)(11)-2, Regs. 111, as amended by T.D. 5990 , 1953- 1 C.B. 142 ↩ , 144 .

Patrocinio Pobadora Malazarte v. Comm'r

2010 T.C. Summary Opinion 168 · United States Tax Court · Nov 3, 2010

The taxpayer must meet all of the requirements to qualify for the income exemption. … His answers show clearly that his initial expectation was to remain in the United States for the entire length of the 3-year exhange teacher program.

Carl Raisig v. Commissioner

2013 T.C. Summary Opinion 55 · United States Tax Court · Jul 11, 2013

divorce decree is to be reduced either on the happening of a contingency specified in the agreement relating to a child (e.g., attaining a specified age or leaving for school), see sec. 71(c)(2)(A), or at a time that can clearly … Memo. 2003-275, allows for the avoidance of what would seem to be an inevitable result.7 Relying upon Kean, petitioner argues that the biweekly support payments do not qualify as child support because the separation agreement

Rice v. Comm'r

19 T.C.M. 811 · United States Tax Court · Jul 19, 1960

We are unable to conclude, therefore, that respondent has clearly and convincingly established by the net worth method that petitioners understated their net income for each of the taxable years. … These entries were clearly false and resulted in understatements of petitioners' net income for 1945 and 1946.

Allen Industries, Inc. v. Commissioner

27 T.C.M. 542 · United States Tax Court · Jun 11, 1968

This the taxpayer may do by demonstrating clearly that the payment was intended to result in the inurement of a business benefit. Interstate Drop Forge Co. v. … No policy or plan, however, was established along this line, and none existed at the time of trial.

Valley Natural Fuels v. Commissioner

62 T.C.M. 229 · United States Tax Court · Jul 25, 1991

Depreciation and the tax credits are allowed in the year in which the qualifying property is placed in service by the taxpayer. … Petitioner next argues that, although the "clearly stated initial business objective of * * * [VNF] was to produce 198.2+ proof ethanol, " it is improper to assume that "the taxpayer's business objective must automatically

Jim's Window Service, Inc. v. Commissioner

33 T.C.M. 563 · United States Tax Court · May 8, 1974

We think that these facts establish that the window washers were independent in the conduct of their activities and that petitioner only required certain results but did not control their method of operating. … Clearly enough, it is as open to a principal to terminate the services of an independent contractor (absent a contractual bar) as it is to terminate the services of an employee (absent a contractual bar).

Pierre v. Comm'r

133 T.C. 24 · United States Tax Court · Aug 24, 2009

As to the question of what constitutes the bundle of rights enjoyed by the owner of a single-member disregarded entity, the Court of Appeals clearly stated that, at least for payroll tax purposes (under the preamendment version … Rul. 9739014 ↩ (June 26, 1997) (a single-member LLC is a qualified subchapter S shareholder because the LLC is disregarded under the regulations).

Ramsay v. Commissioner

83 T.C. 793 · United States Tax Court · Nov 27, 1984

The parties have not clearly articulated their respective views on whether we should focus our profit-motive inquiry on the Venus project as an entity or on the individual investors. … In short, the record simply does not lend itself to a finding of substantial mining activities, let alone to a finding that those activities were conducted by qualified personnel.

Akers v. Commissioner

40 T.C.M. 574 · United States Tax Court · Jul 3, 1980

The papers do not clearly identify the filing status of petitioner or explain the deductions claimed. The purported Schedule C also contains incomplete and inadequate data. … Finally, the petitioner did not establish that his failure to file a return for 1975 was due to reasonable cause. Therefore, we hold that he is liable for the addition to tax under section 6651(a).

Godfrey v. Commissioner

22 T.C.M. 1 · United States Tax Court · Jan 2, 1963

This situation is clearly distinguishable from that of an individual who starts a small business with a view to realizing profits with which to build a larger business. … to gratify his desire to establish a substantial country estate.

Cole v. Commissioner

34 T.C.M. 680 · United States Tax Court · May 15, 1975

Petitioner also does not qualify under section 152(e)(1), as she did not have custody of her two children during more of 1970 than did her ex-husband, Cole. … establish that he provided more for the support of such child during the calendar year than the parent not having custody.

Nuzum v. Comm'r

2016 T.C. Summary Opinion 9 · United States Tax Court · Mar 7, 2016

McKINLEY, JR., Paying Party, are intended to qualify as contractual alimony as that term is defined in section 71(a) of the Internal Revenue Code of 1986 (“the Code”), as amended, and are intended to be … We first note that petitioners have not established that petitioner was fraudulently induced to enter into the agreement or the divorce decree.

Bugbee v. Commissioner

34 T.C.M. 291 · United States Tax Court · Mar 3, 1975

these provisions having been previously disposed of, the only remaining factual issue is whether a debtor-creditor relationship *336 existed between Billings and petitioner at the time these advances were made. *337 To qualify … He clearly stated that these advances were for his personal business ventures and that petitioner was not involved in them.

Venables v. Comm'r

2010 T.C. Summary Opinion 62 · United States Tax Court · May 18, 2010

Therefore, petitioner does not qualify for relief under section 6015(b) or (c). … To qualify for relief under Rev.

Trinova Corporation and Subsidiaries v. Commissioner

United States Tax Court · Feb 27, 1997

The two transactions qualified for nonrecognition status under secs. 351, 355, and 368(a)(1)(D), I.R.C. … The transactions herein clearly satisfy the continuing trade or business requirement.

Gulick v. Commissioner

43 T.C.M. 490 · United States Tax Court · Feb 10, 1982

Clearly, these activities do not constitute the carrying on of a trade or business. *693 At the most, they are activities carried on in preparation for entering into a trade or business as a developer at some future date. … do not reach the arguments made by respondent that the course of study petitioner was pursuing was not proximately related to the business of real estate development and that the education petitioner was undertaking *694 qualified

Estate of Law v. Commissioner

23 T.C.M. 1554 · United States Tax Court · Sep 29, 1964

A look at the evidence of record clearly indicates that petitioner has failed to show affirmatively that the notes in question were given for adequate and full consideration in money or money's worth. … qualify as a claim against the estate under section 2053(a) .