Case law

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.

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.

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.

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

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

Kevin A. Sells

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.

Moore v. Commissioner

23 T.C.M. 103 · United States Tax Court · Jan 30, 1964

Had the corporation permitted the partnership to use its equipment without charge in the first instance, the value of such use would clearly constitute a dividend to the stockholder partners. … income on receipt there was no tax avoidance purpose, and that actually to treat the subsequent redemption as a dividend would have the effect of taxing the same income twice. 3 *333 The evidence in the instant case fails to establish

Dollins v. Commissioner

44 T.C.M. 454 · United States Tax Court · Jul 14, 1982

Ronald took pictures of the forest and mills, and established a slide show for his woodshop class *357 in Minneapolis. … The rule is established that where educational travel expenses are allowed as to one spouse and disallowed as to the other, only the portion of the travel expenses which would have been incurred had the qualifying spouse

Snyder v. Commissioner

25 T.C.M. 1326 · United States Tax Court · Nov 29, 1966

The separation agreement in question clearly specifies the amount to be paid for child support. That amount is not includable in the wife's income and is not deductible by the husband. … Nor is there any convincing evidence that petitioners were making a serious effort to establish a reputation for themselves as livestock breeders.

Hepler v. Commissioner

60 T.C.M. 735 · United States Tax Court · Sep 12, 1990

However, the mere failure to report income is not sufficient to establish fraud. Merritt v. … Clearly, petitioner was not an active participant in his wife's embezzlement activities.

Rodriguez v. Comm'r

104 T.C.M. 425 · United States Tax Court · Oct 9, 2012

Respondent concedes that approximately one-third of petitioners’ Annandale residence qualifies as a home office. … Petitioners provided receipts for several items that clearly related to their law practice, and respondent conceded most of these items for a total of $168.

Estate of Davis v. Commissioner

48 T.C.M. 1493 · United States Tax Court · Oct 30, 1984

Quite clearly income from land is not generally exempt, but only income "directly derived" from the land. … The purpose of the General Allotment Act of 1887, 24 Stat. 388 , 25 U.S.C. sec. 331 et seq. (1982) , is to protect Indians' interest in their land and "to prepare the Indians to take their place as independent, qualified

W. A. Krueger Co. v. Commissioner

26 T.C.M. 946 · United States Tax Court · Oct 5, 1967

If the advances by petitioner were contributions to Midwest's capital when made, clearly there was no occasion for a bad debt deduction. … The instant case is clearly distinguishable. Petitioner knew Midwest was insolvent both when the open account was cancelled and when the advances were originally made.

Podolece v. Commissioner

63 T.C.M. 2785 · United States Tax Court · Apr 16, 1992

Commissioner , 55 T.C. 85 , 92 (1970) , but rather must be established by independent evidence of fraudulent intent. … Thus, based on all the above factors, petitioner's actions clearly and convincingly show his intent to evade taxes owing and due.

Harris v. Commissioner

58 T.C.M. 1441 · United States Tax Court · Feb 20, 1990

Mr. *123 Townsend's candid testimony at trial clearly indicates that his intent in structuring the Partnership, and in his role as general partner, was to transfer the New Technology "back" to CemCom in exchange for royalties … The other activities cited by petitioner also fail to establish that the Partnership was in anything other than a "start-up" or " pre-operating" phase during the years in issue.

McKinney v. Commissioner

41 T.C.M. 1272 · United States Tax Court · Apr 15, 1981

Although the *577 evidence indicates that petitioners were clearly not destitute, their income from other sources was not so great as to warrant an inference that continued losses from the property was a matter petitioners … Hart, Jr., a qualified expert, who stated that the property's value in 1977 was $ 174,000 with a projected increase in value of 25 percent every one-and-a-half years.

Paneque v. Comm'r

105 T.C.M. 1301 · United States Tax Court · Feb 13, 2013

Paneque persisted over four months in pressing acceptance of amounts that were clearly inadequate, his previously submitted financial substantiation became stale, and we cannot say Ms. … We conclude that the February 2007 events do not establish a failure by the IRS to provide payoff information. Finally, the record establishes that on two occasions--May 15, 2007, and July 17, 2007--Mr.

Lust v. Commissioner

30 T.C.M. 281 · United States Tax Court · Apr 12, 1971

The decision in the Lester case requires that payments for child support be clearly "fixed" in either the divorce decree or the property settlement agreement. … Accordingly, we hold that none of the payments qualify as child support under section 71(b). Under the law and these circumstances we can offer petitioner only our sympathy. Decision will be entered for the respondent.

Helms v. Commissioner

27 T.C.M. 1020 · United States Tax Court · Sep 19, 1968

He was fully qualified for the duties and responsibilities of his position with Delta at the time he was employed. … As we see it, Marshall's actions clearly demonstrate that his primary purpose in attending law school *109 was to obtain a new position as an attorney.

Pacific Transport Co. v. Commissioner

29 T.C.M. 133 · United States Tax Court · Feb 17, 1970

It is noted, and should be clearly understood, that the Marad deposits for 1959, made by New States, were made under and were required by several provisions of section 607 of the Maritime Act. … Furthermore, his theory and adjustment here is clearly contrary to the provisions of section 607(h) of the Merchant Marine Act.