Case law

Northern California Small Business Assistants Inc. v. Commissioner

153 T.C. No. 4 · United States Tax Court · Oct 23, 2019

Clearly, sections 164 and 167 are limited by the exceptions  -15- in part IX, including section 280E. … Ct. pp. 10-11; that objective is clearly in the nature of a penalty.3 Therefore, the effect and purpose of 3 United States v.

O'Bryon v. Commissioner

80 T.C.M. 859 · United States Tax Court · Dec 18, 2000

To qualify as a "prevailing party", a taxpayer must establish the following: (1) The taxpayer substantially prevailed with respect to the amount in controversy or with respect to the most significant issue or set … Third, petitioners may not recover fees and costs clearly unrelated to the Diplomat Associates issues.

Coombs v. Commissioner

67 T.C. 426 · United States Tax Court · Dec 15, 1976

The per diem payments received by the petitioners from their respective employers clearly constituted a gain to each of the petitioners. … In our judgment the petitioners have failed to establish any discrimination. Therefore, the relief they seek is denied.

Hagen v. Commissioner

57 T.C.M. 1489 · United States Tax Court · Aug 31, 1989

The exhibit is clearly hearsay and proves nothing. … QUALIFIED PENSION, PROFIT-SHARING, AND STOCK BONUS PLANS.

Bohnenkamp v. Commissioner

36 T.C.M. 1176 · United States Tax Court · Aug 31, 1977

Section 71(c)(2) provides that when the period for payment is more than 10 years such payments qualify as periodic for purposes of section 71(a) . … Otherwise, Donald would be supporting his former wife after her remarriage which is clearly contrary to public policy. See Nelson v. Nelson, 181 Or. 494 , 182 P.2d 416 (1947) .

BCP Trading & Invs., LLC v. Comm'r

114 T.C.M. 151 · United States Tax Court · Aug 7, 2017

BCP was established on May 19, 2000, and between July 31 and August 11, 2000, the 38 client members contributed the 132 paired-option bundles to BCP as their capital contributions. … The caselaw clearly says that tax avoidance is “no more a business purpose than actually engaging in tax avoidance.” ASA Investerings P’ship v. Commissioner, 201 F.3d 505, 513 n.6 (D.C. Cir. 2000), aff’g T.C.

William and Helen Woodral v. Commissioner

112 T.C. No. 3 · United States Tax Court · Jan 12, 1999

Additionally, the evidence does not establish that the interest was excessive in amount, assessed after the expiration of the period of limitations properly applicable thereto, or erroneously or illegally assessed. … - 11 - charities; private foundations and certain other tax-exempt organizations; qualified pension, etc., plans; and qualified investment entities. See Speers v.

Baker v. Commissioner

37 T.C.M. 475 · United States Tax Court · Mar 15, 1978

In the notice of deficiency respondent disallowed the deduction for the reason that it had not been established that petitioner was entitled to such deduction. … And, if so, does it qualify as a "decree" within the meaning of sec. 71(a)(3) ? Sahler v.

Woods v. Comm'r

91 T.C.M. 852 · United States Tax Court · Mar 9, 2006

Commissioner, 82 T.C. 766 (1984), affd. 793 F.2d 139 (6th Cir. 1986), we developed a test for whether a document qualifies as a return. … However, that document does not satisfy the other prongs of the Beard test and therefore does not qualify as a return.

Ralph H. Eaton Found. v. Commissioner

12 T.C.M. 210 · United States Tax Court · Feb 27, 1953

All beneficiaries had to be and are engaged in activities which carried out the purposes and ideas for which petitioner was established. … As to the penalty issue, the doubtful state of the law clearly justified petitioner's resort to qualified tax counsel. It was upon his advice that an application for exemption rather than a tax return was filed.

Estate of Quinn v. Commissioner

43 T.C.M. 352 · United States Tax Court · Jan 28, 1982

Any such recovery from the estate, assuming the claim was based *731 on adequate consideration in money or money's worth, would clearly be deductible. … thereof required by evidence which clearly indicates the minds of the parties met upon the terms of the contract sought to be established.

Jewell Ridge Coal Corp. v. Commissioner

21 T.C.M. 1048 · United States Tax Court · Aug 15, 1962

While investigating the prospects of establishing a coal mine in Tennessee, St. Clair learned that the O. & W.' … The remaining issue has to do with the year in which petitioner may take the capital loss to which it is clearly entitled.

McKay v. Commissioner

51 T.C.M. 1030 · United States Tax Court · May 20, 1986

To qualify for deductions under these sections, the taxpayer must have engaged in the activity with an actual and honest profit objective. See Dreicer v. … We have carefully reviewed the canceled checks and receipts submitted by petitioners and their testimony and are unable to identify any expenses that clearly related to the firewood sales other than $11.80 paid in 1980 for

SMITH v. COMMISSIONER

2003 T.C. Summary Opinion 28 · United States Tax Court · Mar 26, 2003

When a taxpayer fails to provide adequate records  - 7 - substantiating income, the Commissioner is authorized to reconstruct the taxpayer’s income by using any reasonable method that clearly … Because of the repayment obligation, loan proceeds do not qualify as gross income to the taxpayer. Commissioner v. Tufts, 461 U.S. 300, 307 (1983).

Robbins v. Commissioner

44 T.C.M. 1254 · United States Tax Court · Sep 27, 1982

Clearly the note itself does not so state nor do any of the other documents executed in connection with the purchase and sale of the house. … However, quite clearly medical expenses can be incurred by purchases of assets as well as by their construction."

Jesse A. Linde & Dawn Linde v. Commissioner

2017 T.C. Memo. 180 · United States Tax Court · Sep 18, 2017

Exclusions from gross income are construed narrowly, and a taxpayer must clearly establish his entitlement to any such exclusion. Specking v. Commissioner, 117 T.C. at 101- 102. … However, the record is insufficient to establish a business purpose for Mr.

JARAMILLO v. COMMISSIONER

2002 T.C. Summary Opinion 118 · United States Tax Court · Sep 13, 2002

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. … countenance the use of this Court as a vehicle for disgruntled litigants to proclaim the wrongdoing of another, their return preparer, as a basis for relief from penalties that were determined by respondent on facts that clearly

Williams v. Commissioner

64 T.C.M. 295 · United States Tax Court · Jul 28, 1992

We believe Guice was sufficiently familiar with Washington's business and its records to be qualified to testify about them pursuant to rule 803(6) of the Federal Rules of Evidence. United States v. … Williams' conduct clearly and convincingly shows that he has committed fraud, but that Mrs. Williams' conduct does not show that she has done so. Accordingly, Mr.

Doe v. Commissioner

66 T.C.M. 1376 · United States Tax Court · Nov 22, 1993

Transfers under section 351 usually qualify for nonrecognition of gain. … Under the circumstances set forth herein, we conclude that petitioners have failed to carry their burden of establishing that they made any payment on the note or any other economic outlay which qualifies as an increase in

Sacks v. Commissioner

64 T.C.M. 1003 · United States Tax Court · Oct 6, 1992

The pump was required in order for the equipment to qualify for the Arizona tax credit for solar equipment. … Clearly, the reasonableness of these forecasts is key to evaluating the potential profitability of the ventures.