Case law

Robertson v. Commissioner

61 T.C. 727 · United States Tax Court · Mar 13, 1974

On May 5, 1965, the corporation established a profit-sharing plan and trust (plan). … SEC. 401. qualified PENSION, PROFIT-SHARING, AND STOCK BONUS PLANS.

Applied Research Associates, Inc. and Affiliate v. Commissioner

143 T.C. No. 17 · United States Tax Court · Oct 9, 2014

the Secretary shall prescribe such regulations as he may deem necessary in order that the tax liability of the affiliated group, and of each of its members, may be computed, assessed, and collected in such manner as to clearly … Petitioner’s primary argument is that there is no guidance in the Code, the regulations, or other authority regarding the method of establishing the proper rate or rates of tax on consolidated taxable income where one

Zuanich v. Commissioner

77 T.C. 428 · United States Tax Court · Aug 20, 1981

The instant case is clearly analogous to the two aforementioned cases. Here depreciation is not allowable to the taxpayers because they elected instead to expense the bottles and cases. … A "qualified withdrawal” is one made in accordance with the agreement establishing the capital construction fund, but only if the withdrawal is for a purpose specified in sec. 607(f), MMA. The committee reports (H.

Wells Fargo & Co. v. Comm'r

120 T.C. 69 · United States Tax Court · Feb 13, 2003

Section 419(b) limits the deduction for any taxable year to the welfare benefit fund’s “qualified cost”. 15 The fund’s qualified cost is equal to the sum of the fund’s “qualified direct cost” for the year, and, subject to … The language of section 404(a)(1)(A)(ii) is clearly different from the language of 419A(c)(2).

Boesel v. Commissioner

65 T.C. 378 · United States Tax Court · Nov 24, 1975

Petitioners assert that Congress clearly intended to include supporting real estate, however obtained, as part of the purchase price of a replacement residence. Drawing upon our opinions in Stuart M. … Note that in order to take advantage of this nonrecognition, however, taxpayers must purchase some new residence and establish continuity of record title.

Union Mut. Ins. Co. v. Commissioner

46 T.C. 842 · United States Tax Court · Sep 30, 1966

The petitioner writes fire and other insurance, not including life, and has qualified to transact business as a mutual insurance company in 30 States of the United States and Puerto Rico. … It established and maintains a guaranty fund of $500,000 in order to qualify and do business in the various States and to write policies without contingent liability or contingent premium which would render its policyholders

Weaver v. Commissioner

72 T.C. 594 · United States Tax Court · Jun 28, 1979

In Victory Sand, we held that an economic interest was established not only on the ground of the contract with the State. … We are not disposed to abandon our established position on the ineffective nature of a lease with a truly nominal notice period.

Partners in Charity, Inc. v. Commissioner

141 T.C. 151 · United States Tax Court · Aug 26, 2013

P was established as a nonprofit corporation under the laws of Illinois. … Partners In Charity, Inc. intends to have a commu- nity-based Board of Directors once it established a track record and can attract qualified

Burnside Veneer Co. v. Commissioner

8 T.C. 442 · United States Tax Court · Feb 28, 1947

to establish the existence of a “bona fide plan of liquidation” under section 115 (c). … years from the close of the taxable year during which is made the first of the series of distributions under the plan, except that if such transfer is not completed within such period, or if the taxpayer does not continue qualified

Nachman v. Commissioner

12 T.C. 1204 · United States Tax Court · Jun 30, 1949

A.) 72 F. (2d) 883, 884, wherein the court said: “An examination of the standard option clause contained in each contract reveals that the right given the respondent by the option is not absolute but qualified. … court to a number of cases involving leases that contained options to renew wherein it has been held that the entire exhaustion allowance should not be allocated to the comparatively short term of the original lease when it clearly

John B. White, Inc. v. Commissioner

55 T.C. 729 · United States Tax Court · Feb 4, 1971

There has been established and maintained over a period of many years the good will of the public toward Company, its products and its dealers. … However, this expectation was clearly of such a speculative nature that any benefit necessarily must be regarded as indirect.

Critchfield v. Commissioner

32 T.C. 844 · United States Tax Court · Jun 30, 1959

Where a surviving spouse elects to take property against the will, the interest received by her is considered to have passed only if it otherwise qualifies for the marital deduction. Regs. 105, sec. 81.47a(/). … The evidence establishes that on July 22, 1951, the date of death, the fair market value of 184 shares was $65 per share. SEC. 812. NET ESTATE.

Jamieson v. Commissioner

51 T.C. 635 · United States Tax Court · Jan 23, 1969

In order to exclude a payment under section 117, a taxpayer must preliminarily establish that the payment has the “normal characteristics associated with the term ‘scholarship.’ ” Elmer L. … In recommending teaching assistantships to some of its graduate students, the department was clearly fulfilling its primary function.

Abdel-Fattah v. Commissioner

134 T.C. 190 · United States Tax Court · Apr 27, 2010

As a result, the procedure for establishing foreign law remains analogous to the procedure for establishing facts. … Congress certainly committed to ATF the duty of classifying firearms, but ATF’s ruling is not a pre- requisite to a taxpayer’s claim and is not immune

Empire Constr. Co. v. Commissioner

31 T.C. 857 · United States Tax Court · Jan 26, 1959

First, the temporary and unusual character of the circumstance or event must be clearly established. … In the circumstances petitioner has not established that it is entitled to have the loss on the Turnpike contract eliminated in the reconstruction of its base period net income.

Johnson v. Commissioner

74 T.C. 89 · United States Tax Court · Apr 22, 1980

The provisions of section 57(a)(6) refer to the “fair market value” of the stock which is the subject of the exercise of the qualified stock option. … When Congress enacted this section, the term “fair market value” had a long-established and clearly defined meaning. Kolom v. Commissioner, 71 T.C. 235, 243 (1978), on appeal (9th Cir., Jan. 26, 1979).

Hunton v. Commissioner

1 T.C. 821 · United States Tax Court · Mar 23, 1943

Clearly under these circumstances the trust had nothing to distribute during the taxable year and will have nothing to distribute prior to the death of the petitioner unless in the meantime the policy is surrendered for cash … It was there said: * * * The qualifying words “organized and operated”, were, we think, meant to require that its [the trust’s] operations at all stages should carry out its exclusively charitable purpose, that both the organization

Perkins v. Commissioner

8 T.C. 1051 · United States Tax Court · May 14, 1947

Nash had not established any pension plan for any of its employees or officers up to September 23, 1941. … The record does not show clearly what intention, if any, Nash may have had in 1941 as to the future use of this trust.

Durbin Paper Stock Co. v. Commissioner

80 T.C. 252 · United States Tax Court · Jan 20, 1983

Basically, a corporation which qualifies as a DISC is not taxable on its profits as earned. … Accordingly, respondent contends International is clearly not entitled to DISC status for the taxable year ended July 31,1974. 3 Petitioner, however, points out that respondent does not have the power to promulgate regulations

Sharon v. Commissioner

66 T.C. 515 · United States Tax Court · Jun 21, 1976

This incidental use falls short of establishing that the room was his place of business. … He cannot with certainty establish what work he will receive and what bar memberships will be useful to him.