Case law

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.

Charlie G. Williams & Mary D. Williams

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

John T. Davis & Tammy I. Davis

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

Lori Brown-James

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

Stephen Whatley & Lucile M. Whatley

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

Steve Moses & Janine Moses

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

Ucol-Cobaria v. Comm'r

2010 T.C. Summary Opinion 162 · United States Tax Court · Oct 27, 2010

All of the requirements of article 21 must be satisfied in order for petitioner to qualify for the income exemption. … We have already found that petitioner intended to remain working for BCPS in the Baltimore area for at least 3 years, which is clearly more than 1 year.

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

Estate of Judith U. Harrison v. Commissioner

115 T.C. No. 13 · United States Tax Court · Aug 22, 2000

exist no facts to establish the circumstances surrounding the Harrisons’ demise. … However, these regulations generally adopt principles established in case law and published IRS positions.

Western New York Water Co. v. Commissioner

23 T.C.M. 1090 · United States Tax Court · Jun 30, 1964

Petitioner contends that it has met its burden of proof by evidence produced in the form of stipulated facts, exhibits, and the uncontradicted testimony of a well qualified expert witness; that such evidence establishes Western's … Kimball, supra , clearly states that there are additional or substitute methods for determining going-concern value other than capitalization of "net income," and that although not capitalized and carried on its books going-concern

Holdner v. Comm'r

100 T.C.M. 108 · United States Tax Court · Aug 4, 2010

For example, receipt of a partnership interest solely in exchange for past services or anticipated future services does not qualify for nonrecognition under sec. 721. Id. par. 5.02. … However, petitioners’ Holdner Farms enterprise clearly was more than a mere coownership of property or a means to share expenses.

Estate of Schildkraut v. Commissioner

24 T.C.M. 1215 · United States Tax Court · Aug 31, 1965

On December 8, 1959, the two executors named in the will qualified as such and were granted letters testamentary by the Surrogate's Court of Queens County, *96 New York. … Since there is no clear-cut concession and the issue is clearly raised by the pleadings, we have concluded that the issue is properly before the Court. ↩ 3.

Dang v. Comm'r

84 T.C.M. 544 · United States Tax Court · Nov 14, 2002

Establish that the amount of costs and attorney’s fees claimed are reasonable. Sec. 7430(a), (c)(1). … - 7 - However, respondent’s use of statistical data here was not reasonable because Manwah was clearly below average. Respondent relies on Estes v. Commissioner, T.C.

Culbertson v. Commissioner

6 T.C.M. 692 · United States Tax Court · Jun 24, 1947

Upon learning that two of the sons were minors, Wright advised petitioner to have prepared some kind of document whereby he could qualify authorizing him to sign for the minors. … [The decree is clearly collusive and without effect here. Freuler v.

Klavan v. Commissioner

66 T.C.M. 68 · United States Tax Court · Jul 13, 1993

The letters written between the parties facilitating the gravesite exchange and contribution program indicate clearly that all of the involved parties recognized petitioners as the owners and donors of the gravesites at the … In the instant cases, the only basis upon which respondent challenges whether petitioners have satisfied these requirements is that they have failed to establish that they received a "qualified appraisal" as defined by section

Friendly Finance, Inc. v. Commissioner

62 T.C.M. 1164 · United States Tax Court · Nov 5, 1991

Petitioner argues that it qualifies as a "lending or finance company" within the meaning of section 542(c)(6). … Thomas prevents petitioner from qualifying under the "lending or finance company" exception for that year.

Freddy H. Welch & Penny J. Welch

United States Tax Court · Jan 28, 2021

A “qualified conservation contribution” is “a contribution-- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes.” Sec. 170(h)(1). … United States, 957 F.3d 840, 852 (8th Cir. 2020), that a taxpayer must show it actually relied on a PLR to establish it had a reasonable basis for its position.

Tigers Eye Trading, LLC v. Comm'r

97 T.C.M. 1622 · United States Tax Court · May 27, 2009

Neither Tigers Eye nor its purported partners established its existence as a partnership as a matter of fact; 2. … the adjusted bases of the purchased options and other property purportedly contributed by the partners to Tigers Eye have not been established under section 723 so that the partners of Tigers Eye have not established adjusted

Donald W. Thompson

United States Tax Court · Jul 20, 2022

But there is an exception for a “qualified conser- vation contribution.” § 170(f)(3)(B)(iii), (h)(1). … For the donation of an easement to be a “qualified conservation contribution,” the conservation purpose must be “protected in perpetuity.” § 170(h)(1)(C), (5)(A).

Brountas v. Commissioner

73 T.C. 491 · United States Tax Court · Dec 26, 1979

The entire arrangement was well within a reasonable range of commercial practice and clearly had economic reality. … Respondent contends that the Duquesne-Kiowa-TNT transaction establishes that the nonrecourse notes were shams.