Case law

Hunton v. Commissioner

1 T.C. 821 · United States Tax Court · Mar 23, 1943

Clearly under these circumstances the trust had nothing to distribute during the taxable year and will have nothing to distribute prior to the death of the petitioner unless in the meantime the policy is surrendered for cash … It was there said: * * * The qualifying words “organized and operated”, were, we think, meant to require that its [the trust’s] operations at all stages should carry out its exclusively charitable purpose, that both the organization

Brewster v. Commissioner

67 T.C. 352 · United States Tax Court · Nov 30, 1976

Respondent counters with the assertion that the rule established in Jack E. … Assume total gross income of $1,000, expenses of $1,500, of which only $100 are clearly identified with earned income.

Perkins v. Commissioner

8 T.C. 1051 · United States Tax Court · May 14, 1947

Nash had not established any pension plan for any of its employees or officers up to September 23, 1941. … The record does not show clearly what intention, if any, Nash may have had in 1941 as to the future use of this trust.

Ma-Tran Corp. v. Commissioner

70 T.C. 158 · United States Tax Court · May 4, 1978

It is obvious that the trustees considered the plan to ekist only if it was found to be qualified. … In the absence of factual circumstances which could trigger the away from home exception, the meals clearly constitute nondeductible personal expenses. Cf. Commissioner v. Kowalski, 434 U.S. 77 (1977).

Mitchell & Co. v. Commissioner

20 T.C. 110 · United States Tax Court · Apr 20, 1953

To what extent this new competition affected petitioner’s sales has not been established. … (a) General Rule. — In any case in which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Fogg v. Commissioner

89 T.C. 310 · United States Tax Court · Aug 20, 1987

Petitioners claim that the costs of the change-of-command functions qualify as ordinary and necessary business expenses deductible under section 162. … Whether the entertainment is official must be determined on a case-by-case basis; however, as a function of Command several types of entertainment expenses are deemed necessary and clearly qualify as official They are: Changes

Davenport Hosiery Mills, Inc. v. Commissioner

28 T.C. 201 · United States Tax Court · Apr 30, 1957

The Wilmington establishments in turn sold nylon hosiery to the public in 1939. … It is noted that respondent in his main brief recognizes no other qualifying factor than the one we have just considered and, in his reply brief in answer to petitioner’s claim that it also had a qualifying factor in the

Horodysky v. Commissioner

54 T.C. 490 · United States Tax Court · Mar 16, 1970

that these expenses qualify as ordinary and necessary business expenses within the meaning of section 162(a). … Commissioner , 181 F. 2d 906 (C.A. 4, 1950), reversing 13 T.C. 291 (1949) , is clearly distinguishable on its facts from the instant case.

Stake v. Commissioner

11 T.C. 817 · United States Tax Court · Nov 8, 1948

The parties specifically agree that pur question is as follows: Is the commuted value of annual payments to decedent’s widow from a pension fund established by decedent’s employer, the First National Bank of Chicago, to which … His right, prior to age 60 but after 15 years service, even to the return of contributions made by him, does not clearly appear in the plan, but since paragraph 7 provided, in the case of an employee who had not completed

Estate of Alexander v. Commissioner

82 T.C. 34 · United States Tax Court · Jan 5, 1984

fractional or percentile share,” and— Nowhere indicated any policy that deductibility of a "specific portion” should be governed by the possibility that the spouse’s portion will change in value relatively more or less than the clearly … United States, 359 F.2d 817 (7th Cir. 1966), involved a will which established a trust over which the spouse was given the power to appoint the entire remainder of the trust by will.

McClintock-Trunkey Co. v. Commissioner

19 T.C. 297 · United States Tax Court · Nov 24, 1952

Opper, Judge: Petitioner’s contributions to its employees’ profit-sharing trust in excess of the amounts called for by the previously approved plan are a clearly forbidden deduction under section 23 (p) (1) (C), Internal … As in Produce Reporter Co., “We deem it unnecessary to pass upon the validity of the respondent’s regulations” requiring that a trust secure respondent’s approval before it can qualify for exemption under section 165 (a).

Miele v. Commissioner

72 T.C. 284 · United States Tax Court · May 9, 1979

The record clearly establishes that Fierro made an unconditional sale of his stock to Pringle in 1970. On June 9,1970, Fierro granted Pringle an option to purchase his stock so that Pringle could obtain an SBA loan. … Finally, thé terms of the option contract on the sale of shares in no way qualify the sale. That contract qualifies only the payment of the purchase price on the prior repayment of the SBA loan.

Easley v. Commissioner

8 T.C. 153 · United States Tax Court · Jan 27, 1947

Louis company clearly specified that the territory agreement could not be sold, assigned, or transferred except with its written permission. … Thus the first broad reference to the 7-Up business is at once qualified by the description of what the business consists.

Johnson Inv. & Rental Co. v. Commissioner

70 T.C. 895 · United States Tax Court · Sep 11, 1978

The Code, the regulations, and the legislative history do not clearly delineate the differences between rents and royalties. … Once such interest is established under State law, the incidents of Federal tax which attach thereto are purely a matter of Federal tax law. As stated by the Supreme Court in Burnet v.

Lichterman v. Commissioner

37 T.C. 586 · United States Tax Court · Dec 29, 1961

The regulations provide, however, that a private establishment, in order to be considered as a qualifying institution, must be regularly engaged in providing types of care or services referred to in the regulations. … However, insofar as the record shows, the school does not have any qualified medical personnel on its staff.

La Croix v. Commissioner

61 T.C. 471 · United States Tax Court · Jan 17, 1974

Petitioners conclude that since citrus trees are clearly tangible property and since they qualify as “section 38 property,” it follows that they qualify as “section 179 property.” … This exception to the rule is clearly not applicable here. in Rev.

Carroll v. Commissioner

51 T.C. 213 · United States Tax Court · Oct 31, 1968

In addition, we believe that when the petitioner’s educational expenses are examined in the light of section 162 and the regulations thereunder, they do not qualify for deduction under that section. … Clearly, there is only a remote relationship between the study of Shakespeare’s plays and the petitioner’s work as a policeman.

Estate of Kincade v. Commissioner

69 T.C. 247 · United States Tax Court · Nov 16, 1977

There was no unity of possession. 9 Under Indiana law, an intention to create a joint tenancy with right of survivorship must be clearly and unequivocally manifested in the instrument that creates the estate. … Of course it is the intent of the purchaser that must be clearly manifested, not that of the broker, and the only evidence of Leonard’s intent was that the brokerage account was entitled “Kincade, Leonard P. and Mrs.

Ryman v. Commissioner

51 T.C. 799 · United States Tax Court · Feb 28, 1969

Clearly, this expenditure was capital in nature and not deductible as a business expense in the year of payment. … Petitioner has the burden of proving that not only does the expenditure qualify under one of these sections, but also that it is not disqualified under any other section of the Code.

Van Der Aa Invs., Inc. v. Comm'r

125 T.C. 1 · United States Tax Court · Jul 6, 2005

Clearly, the author has relied on specialized knowledge in reaching the valuation conclusions expressed in the report. … A witness qualified as an expert by knowledge, skill, experience, training, or education may give opinion testimony with respect to scientific, technical, or other specialized knowledge within his purview. Fed. R.