Case law

Otley v. Commissioner

13 T.C.M. 796 · United States Tax Court · Aug 16, 1954

The petitioner has failed to establish such value or basis by any other sufficient evidence; therefore no deductible loss upon a sale of said shares for $25 in 1946 has been established. Thomas A. … The book value suggested by the petitioner is clearly in excess of the indicated fair market value of the stock, for many reasons: It assumes that the accounts receivable of the corporation, including the unrealized profit

Johnson v. Commissioner

62 T.C.M. 1629 · United States Tax Court · Dec 26, 1991

However, the evidence clearly establishes December 28, 1986, as the date of adoption of the plan of liquidation. Therefore, the filings were timely and the election valid. … While we do not share respondent's sinister interpretation of those efforts, it is clear to us that, under the circumstances herein, petitioners cannot escape the consequences of the established principle that: Oversight,

Hawkins v. Commissioner

44 T.C.M. 715 · United States Tax Court · Aug 4, 1982

All the above elements must be established in order to show that a deduction for depreciation is allowable. In this case, the burden of proof to *326 establish these facts is upon the petitioner, Welch v. … Valuing a unique piece like the Allegoria is clearly a most difficult task, and the degree of proof which we require must be tempered by the practicalities of the situation to some extent. ↩

Estate of Jung v. Commissioner

101 T.C. 412 · United States Tax Court · Nov 10, 1993

In order to accommodate the liquidation, the Jung-Conway Trust was established to serve as a conduit for transferring assets from Jung Corp. to its shareholders. … At trial, both sides presented the testimony of expert witnesses to establish the fair market value of the Jung Corp. stock.

AMBASE CORP. v. COMMISSIONER

81 T.C.M. 1657 · United States Tax Court · May 23, 2001

In the instant case, the parties dispute whether petitioner qualifies for the transitional relief provided in DEFRA section 127(g)(3). … Clearly the Commissioner considered the principles of the listed rulings as distinct from the substance-over-form principles applied in Aiken Industries.

Georgiou v. Commissioner

70 T.C.M. 1341 · United States Tax Court · Nov 16, 1995

(Kolonaki), are: Whether Kolonaki was qualified to file a consolidated return with Judy Alexander, Inc. … establish the real intention of the parties.

Larkin v. Comm'r

113 T.C.M. 1239 · United States Tax Court · Apr 3, 2017

Commissioner, 139 T.C. 67, 144 n.55 (2012) (Court may disregard a stipulation that is clearly contrary to the record). … We do not find that the IRA distribution is “clearly shown” in the referenced part of Schedule E.

Duley v. Commissioner

41 T.C.M. 1521 · United States Tax Court · May 20, 1981

The $ 3,000 Dean received between August 6 and December 1, 1975 was clearly for services performed in the United States trying to interest Middle Eastern investors in California real estate projects. … We also note that in establishing bona fide residency the petitioner bears more than the usual burden of proof since section 911(a)(1) requires bona fide residency to be established "to the satisfaction of the Secretary or

Metrocorp, Inc. v. Commissioner

116 T.C. No. 18 · United States Tax Court · Apr 13, 2001

Conclusion Petitioner bears the burden of proof, and the pleadings clearly establish what it is that petitioner must prove, viz, that the exit-fee-allocable payments were not a capital expenditure. … The stipulated facts clearly establish that Metrobank paid the fees in order to acquire the assets and deposits it  - 67 - wanted to acquire.

Dileonardo v. Commissioner

79 T.C.M. 1820 · United States Tax Court · Apr 5, 2000

Also, clearly, section 162(f) does not apply. Thus, we return to our conclusion that respondent’s argument about the Payments constituting sanctions does not change our analysis or conclusions. … satisfies the requirements of section 212(1) or (2)-- Petitioner has presented no evidence which would enable the Court to allocate the total sanctions claimed between those amounts which purportedly qualify

Ad Investment 2000 Fund LLC, Community Media, Inc., A Partner Other Than the Tax Matters Partner v. Commissioner

142 T.C. 248 · United States Tax Court · Apr 16, 2014

~1.200 JAMIE  258 142 UNITED STATES TAX COURT REPORTS (248) any rights violated were not clearly … established.

Estate of Zachman v. Commissioner

78 T.C.M. 886 · United States Tax Court · Dec 1, 1999

- 13 - The evidence clearly establishes that Hillside Farm lacked economic substance and was merely a paper entity created for the primary purpose of reducing petitioners’ Federal … petitioner to qualify for Social Security without reduction for personal service income.

C. Arthur Weaver Co. v. Commissioner

22 T.C.M. 1421 · United States Tax Court · Oct 10, 1963

The testimony is not precise enough to show clearly the existence of an oral trust at December 31, 1959, and certainly not sufficiently precise to show the existence of a trust which met the requirements of section 401(a) … failed to establish that it is entitled to deduct that amount in 1959 as a payment to a profit-sharing trust.

Gorokhovsky v. Comm'r

105 T.C.M. 1419 · United States Tax Court · Feb 28, 2013

through 317 pages of disorganized evidence in an attempt to determine whether a taxpayer provided adequate substantiation when that taxpayer failed to file a brief), petitioner’s canceled checks and/or check registers clearly … As noted supra, we found that petitioner’s purported basement office in Mequon, Wisconsin, did not qualify as a “principal place of business” pursuant to section 280A.

Estate of Coffing v. Commissioner

53 T.C.M. 1314 · United States Tax Court · Jul 8, 1987

Clearly, decedent was attached to both farms. *373 It may well be that she participated as materially as she could, given her impaired health and advanced age. … was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being used for a qualified use by the decedent or a member of the decedent's family, but

Logsdon v. Commissioner

73 T.C.M. 1674 · United States Tax Court · Jan 6, 1997

The Court may modify or set aside a stipulation that is clearly contrary to the facts revealed on the record. Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989). … Petitioners' position seeks to qualify the otherwise unambiguous stipulations. Petitioners have not argued that justice requires that we permit them to qualify the stipulations.

Estate of Norris v. Commissioner

42 T.C.M. 408 · United States Tax Court · Jul 16, 1981

Respondent argues that decedent failed to establish both that her stock in ISS qualified as section 1244 stock and that such stock became wholly worthless in 1974. … On this record, petitioners clearly failed to carry their burden of proof.

Huffmeyer v. Commissioner

52 T.C.M. 1487 · United States Tax Court · Jan 21, 1987

The consent is valid on its face, and petitioners have the burden to establish that it was invalid. Cindrich v. Commissioner, T.C. … Isbel's testimony clearly established that to be the fact. 6.

Ward v. Comm'r

2007 T.C. Summary Opinion 25 · United States Tax Court · Feb 21, 2007

Based on the documentation submitted by petitioner, AO Cleveland determined that petitioner’s OIC did not qualify for consideration as an offer based on promotion of effective tax administration. … A petition for review of a collection action must clearly specify the errors alleged to have been committed in the notice of determination. Rule 331(b)(4).

Nair v. Comm'r

2007 T.C. Summary Opinion 116 · United States Tax Court · Jul 9, 2007

Petitioner provided some, but not all, of his bank account statements for 2002, 2003, and 2004, which clearly show that petitioner did make payments to Greenpoint. … Interest paid on a mortgage secured by a qualified residence, however, is excluded from the definition of personal interest and is therefore deductible. See sec. 163(h)(2) and (3).