Case law

Frazier v. Commissioner

32 T.C.M. 74 · United States Tax Court · Jan 31, 1973

Petitioner argues that section 152(e) is applicable because he provided more than $1,200 each year for the support of all the children, and since Mary Frazier has not clearly established that she provided more for the children's … Respondent contends that section 152(e) is inapposite, and respondent is correct. 8 In order to qualify for section 152(e), three initial requirements must be met: (1) the children must be in the custody of one or both of

Vecchio v. Commissioner

103 T.C. 170 · United States Tax Court · Aug 15, 1994

Clearly, if Equity’s 49-percent interest had transferred to petitioner on May 8, 1980, then on September 30, 1981, he would have held 96.5 percent. … We note, however, that the partnership agreement does not provide for a qualified income offset or otherwise satisfy the requirements of the alternative economic effect test.

Barrett v. Comm'r

2006 T.C. Summary Opinion 42 · United States Tax Court · Mar 22, 2006

Accordingly, we conclude that the plan is a qualified defined benefit plan under section 401(a). … Petitioner introduced no evidence establishing reasonable cause. Respondent’s determination on this issue is sustained.

Thompson v. Commissioner

137 T.C. 220 · United States Tax Court · Dec 27, 2011

Under section 6211(a), we do not seek to establish an objectively verifiable existence of a deficiency to test the validity of a notice of deficiency. … This would defeat, by procedure, clearly enunciated legislative intent of attaining speed and symmetry at the partner level.

Acme Steel Co. v. Comm'r

85 T.C.M. 1208 · United States Tax Court · Apr 28, 2003

“To be ‘final’ for purposes of collateral estoppel the decision need only be immune, as a practical matter, to reversal or amendment.” Miller Brewing Co. v. Jos. Schlitz Brewing Co., 605 F.2d 990, 996 (7th. … Respondent clearly did not have the opportunity or the inclination to litigate this Court’s jurisdiction in the bankruptcy court.

CISNEROS v. COMMISSIONER

2002 T.C. Summary Opinion 73 · United States Tax Court · Jun 13, 2002

Petitioners have not established any losses to offset the $1,000 winnings. Respondent is sustained on this issue. … Petitioners clearly did not make a reasonable effort to determine whether the representations of Mr. Beltran were correct.

River City Ranches 1, Ltd. v. Comm'r

85 T.C.M. 1365 · United States Tax Court · May 23, 2003

Clearly, the victims of these crimes for which Jay Hoyt was convicted and ordered to pay restitution were exclusively individual investors. … It noted that, unlike Transpac, there was no suggestion that the Madison TMP was a prospective governmental witness, nor was there any evidence the TMP had given the extensions in exchange for a grant of immunity or other

Williams v. Commissioner

49 T.C.M. 1324 · United States Tax Court · Apr 25, 1985

Commissioner, 19 B.T.A. 930 (1930) . 32 Only a bona fide debt qualifies for purposes of section 166 . … The note clearly states that petitioner signed as guarantor; the partnership agreement was not made part of the aforesaid note.

Abbey v. Commissioner

42 T.C.M. 1723 · United States Tax Court · Nov 23, 1981

The acquisition of the stock held by Northwest, also, was necessary to qualify Totems, Inc. for a franchise under NHL rules because Northwest held the Vancouver Canucks franchise. Totems, Inc.' … The income tax return, while signed June 15, 1976, clearly bears the Internal Revenue Service's stamp showing the date of receipt as June 21, 1976.

Saba v. Commissioner

40 T.C.M. 446 · United States Tax Court · Jun 11, 1980

The Longbeach Land Trust had been established by the Longbeach Associates No. 1 partnership. … Clearly petitioners further profited from the conveyance of the 12.1 acres in that the restriction to maintain the property in its natural state enhanced the aesthetic, as well as the economic, value of petitioners' adjoining

Ramirez v. Commissioner

44 T.C.M. 1431 · United States Tax Court · Oct 19, 1982

Such values were clearly inaccurate on December 26, 1975. … five to seven years for purposes of computing the qualified investment.

Howes v. Comm'r

2007 T.C. Summary Opinion 149 · United States Tax Court · Aug 29, 2007

It stated that owners of Alpha Telcom pay telephones qualified for tax credits for compliance with the ADA. … Just as we concluded in Arevalo and Crooks, we conclude here that the factors clearly work against petitioner and no depreciation deduction is warranted.

Martorelli v. Commissioner

40 T.C.M. 848 · United States Tax Court · Aug 4, 1980

a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … Petitioner's main contention is that the record does not establish that he ever received any unreported income.

DELARA v. COMMISSIONER

2002 T.C. Summary Opinion 54 · United States Tax Court · May 17, 2002

Petitioners clearly did not make a reasonable effort to determine whether their return was accurate. … Beltran knew, or had reason to know, all the relevant facts upon which, had he been a qualified professional, he could have accurately advised petitioners on the amount of their allowable deductions. Mr.

Ramsey v. Commissioner

56 T.C.M. 1236 · United States Tax Court · Feb 13, 1989

Where an expenditure is, by its nature, ordinary and necessary, but is unreasonable in amount, only the reasonable portion qualifies for a deduction under section 162 . United States v. … Furthermore, it was Builders' clearly stated policy to pay this type of expense.

Dominic Calafati v. Commissioner

127 T.C. No. 16 · United States Tax Court · Dec 26, 2006

However, neither section 7521(a)(1) nor the legislative history of section 7521 “directly and clearly defines or otherwise describes the term ‘in-person interview’.” Keene v. Commissioner, 121 T.C. at 14. … telephone hearing involved in this case, also qualified as an “in-person interview”.

Osborne v. Commissioner

70 T.C.M. 243 · United States Tax Court · Aug 1, 1995

Worthlessness is generally shown by a relevant identifiable event which "clearly evidences destruction of both the potential and liquidating values of the stock." Austin Co. v. Commissioner, supra at 970 . … Maxicare's bankruptcy filing in 1989 does not qualify as a "fixed and identifiable event" establishing the lack of potential value of Maxicare stock in 1988.

Seelbach v. Commissioner

58 T.C.M. 613 · United States Tax Court · Nov 1, 1989

He is in the established Civil Service position of Student Assistant 07. … Even though the payments made to the taxpayer in Vaccaro were recorded as compensation, the evidence clearly established that the taxpayer was not expected to, nor did he in fact, render any services which benefited the provider

Price v. Commissioner

30 T.C.M. 1405 · United States Tax Court · Dec 23, 1971

Clearly, this was an expense of the corporation that the petitioner was under no obligation to pay in the course of his employment. … To qualify for this deduction, the regulations require the taxpayer to show that the wife's presence on the trip has a bona fide business purpose.

Grosso v. Commissioner

40 T.C.M. 410 · United States Tax Court · May 27, 1980

Clearly these are substantial amounts. Therefore, the newspaper reports were insufficient to put petitioner on notice of omitted income. … there was omitted from gross income an amount properly includable therein which is attributable to one spouse and which is in excess of 25 percent of the amount of gross income stated in the return, (B) the other spouse establishes