Case law

Dobrich v. Commissioner

74 T.C.M. 985 · United States Tax Court · Oct 20, 1997

Fraud is never presumed and must be established by independent evidence that establishes fraudulent intent. Edelson v. Commissioner, supra; Beaver v. Commissioner, 55 T.C. 85, 92 (1970). … A letter attached to the exchange agreement clearly informed petitioners of the need to identify property within 45 days of the sale of the Antioch property.

HAMBLIN v. COMMISSIONER

2001 T.C. Summary Opinion 73 · United States Tax Court · May 21, 2001

PayLess agreed to pay $5 million for the benefit of all qualifying members of the class, including petitioner. … - 12 - the other provisions of the agreement that quite clearly indicate and establish that the settlement was intended to satisfy the claims made in the class action.

Casey v. Commissioner

64 T.C.M. 1353 · United States Tax Court · Nov 23, 1992

Casey qualifies as an innocent spouse. Background John R. Casey (Mr. Casey) and Toni C. Casey (Mrs. Casey or petitioner) are petitioners in this case. Some of the facts have been stipulated and are so found. … These facts clearly distinguish Toscano v. Commissioner, supra , from the instant case. Assuming that Mr. Thompson and Mr.

Michael A. Giunta & Julia A. Giunta v. Commissioner

2018 T.C. Memo. 180 · United States Tax Court · Oct 29, 2018

Such an event may include a corporate dissolution or similar occurrence that “clearly evidences destruction of both the potential and liquidating values of the stock.” Austin Co., 71 T.C. at 970. … Perlson, their account- ant, who they claim is a qualified tax professional. In preparing the Form 8949 on which the $2,998,850 loss deduction was claimed, Mr.

Jones v. Commissioner

37 T.C.M. 1222 · United States Tax Court · Jul 27, 1978

In the statutory notice of deficiency, respondent disallowed the expenses claimed in excess of the gross rent received, on the ground that the expenses failed *230 to qualify as deductible expenses. … Yet expenses incurred in connection with one's personal residence are clearly not deductible. 6 Sections 1.212-1(h) , 1.262-1(b), Income Tax Regs.

Santa v. Comm'r

106 T.C.M. 89 · United States Tax Court · Aug 5, 2013

If a taxpayer does not qualify for relief under either section 6015(b) or (c), the taxpayer may seek equitable relief under section 6015(f). … The requesting spouse bears the burden of establishing the amount of the deficiency allocable to him or her. Sec. 6015(c)(2).

Kennebec Box & Lumber Co. v. Commissioner

6 T.C.M. 544 · United States Tax Court · May 19, 1947

On November 4, 1941, petitioner purchased all of the capital stock, except three qualifying shares of directors, of Augusta Lumber Company, 987 shares for $113,454.99. … Petitioner did not apply to the Commissioner for permission to establish a replacement fund in its accounts.

Riportella v. Commissioner

42 T.C.M. 869 · United States Tax Court · Aug 26, 1981

The evidence clearly establishes Audrey had no taxable income for the year in issue and petitioner was her sole source of support. … Based on the peculiar facts of this case, we hold that petitioner has carried his burden of establishing that Audrey intended to file a joint return.

Mathes v. Commissioner

60 T.C.M. 704 · United States Tax Court · Sep 10, 1990

Petitioner established an office in his house because of the limited office space and other shortcomings that he perceived to exist with the University facilities. … Clearly, it was not the intention of Congress to automatically allow as deductions operating expenses incurred or paid by the taxpayer in an unlimited amount." Commissioner v.

Gould v. Commissioner

67 T.C.M. 3013 · United States Tax Court · May 26, 1994

Petitioner was clearly aware of this. Indeed, according to Ross, his "main" concern was the tax aspects. … Yet, after the initial loss was established, he completely ignored the account.

Midwest Medical Aesthetics Center

United States Tax Court · Mar 25, 2024

Fraud is never presumed and must be established by independent evidence. Hacker, T.C. Memo. 2022-16, at *32. … Once fraud is established with respect to any portion of an underpayment of tax, the fraud penalty applies to the whole  48 [*48] underpayment unless the taxpayer establishes by a preponderance

Ray E. McCurdy v. Commissioner

9 T.C.M. 1073 · United States Tax Court · Nov 24, 1950

prepare working drawings and specifications of oil refining plants and process units; procure on behalf of the United States Government material and equipment necessary for the construction of such plants and units; furnish qualified … A good example of a case clearly falling within Section 116(a) and the regulations is Herman Frederick Baehre, 15 T.C.

Mountain State Ford Truck Sales, Inc., E.P. O'Meara, Tax Matters Person v. Commissioner

112 T.C. No. 7 · United States Tax Court · Mar 2, 1999

In requiring that goods for which a taxpayer adopted the LIFO method be inventoried at cost, Congress presumptively was aware of the established regula- tory definition of the term "cost" in inventory tax accounting. … )  - 33 - method to qualify under section 1.472-8(e)(2)(ii)(d), Income Tax Regs., as any other proper method which clearly reflects income, the method must, as required by section 472(b)(2

Hovind v. Comm'r

104 T.C.M. 400 · United States Tax Court · Oct 3, 2012

- 40 - [*40] Under section 7491(c), respondent has met his burden of production because petitioner admits, and the record clearly establishes, that petitioner failed to file her … The taxpayer must show that: (1) the adviser was a competent and qualified professional who had sufficient expertise to justify the taxpayer’s reliance on him, (2) the taxpayer provided all necessary and accurate information

Flahertys Arden Bowl, Inc. v. Commissioner

115 T.C. No. 19 · United States Tax Court · Sep 25, 2000

Flaherty’s employer, Moss & Barnett, P.A., maintained a qualified profit sharing plan. Moss & Barnett, P.A., also maintained a qualified pension plan. … Braun is a lawyer and has provided services for qualified retirement plans since 1971. Mr.

Lynch v. Commissioner

44 T.C.M. 21 · United States Tax Court · Jun 3, 1982

Since such payments are generally determined with regard to partnership income, either actual or anticipated, they clearly do not qualify as section 707(c) payments. … This is clearly wrong, as are certain other figures which appear in his basis computation.

Iden v. Commissioner

33 T.C.M. 430 · United States Tax Court · Apr 1, 1974

In order to qualify as a business bad debt, there must be a proximate relationship between the guaranty and the taxpayer's trade or business where the bad debt loss arises from such guaranty. Stratmore v. … The record clearly shows that at the time the loan was consummated, the corporation had lost its floor plan financing which was deemed essential to its continued profitable operations and ability to pay for petitioner's services

Pineda v. Comm'r

2006 T.C. Summary Opinion 35 · United States Tax Court · Feb 27, 2006

The addition to tax for failure to pay estimated tax is mandatory, unless petitioner can show that he qualifies for one of the exceptions. Grosshandler v. … Moreover, petitioner failed to show that his failure to timely pay estimated tax qualifies for one of the exceptions under section 6654(e). See Rule 142(a).

Allum v. Comm'r

90 T.C.M. 74 · United States Tax Court · Jul 20, 2005

Commissioner, supra at 127 (when payments are received pursuant to a settlement  -15- agreement from which we cannot clearly discern why the payments were made, the underlying complaint is … K, therefore, governs the Federal income tax treatment of an entity qualifying as a partnership under secs. 761(a) and 7701(a)(2), and their accompanying regulations, unless it is an entity specifically enumerated in sec.

Sullivan v. Commissioner

40 T.C.M. 718 · United States Tax Court · Jul 21, 1980

Clearly, from the statutes we have quoted in footnotes 2 and 3, the amount received by petitioner as a disability retirement allowance in 1974 was not workmen's compensation. … You may qualify for a disability income exclusion if you meet certain criteria.