Case law

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.

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.

Easson v. Commissioner

33 T.C. 963 · United States Tax Court · Feb 29, 1960

Petitioner has clearly established that he desired to remain in an extremely liquid financial position in order to take advantage of an expected downturn in business and both of the above alternatives would thwart this desire … establish the contrary.

Constitution Publishing Co. v. Commissioner

23 T.C. 19 · United States Tax Court · Oct 8, 1954

be proved to qualify for relief under section 722 (b) (2). … inconsistent if these same factors were now sufficient to qualify for relief under subsection (b) (5).

Fowler v. Commissioner

37 T.C. 1124 · United States Tax Court · Mar 22, 1962

Where, however, the property in question consists of livestock held by the taxpayer “for draft, breeding, or dairy purposes,” section 1231(b) (3) 2 specifies a holding period of 12 months if such livestock is to qualify as … If we understand petitioner’s position clearly, it is that to become an established sire of good or fine racehorses, it is essential that a stallion first be a success as a racehorse; that such success as a racehorse means

Stanley v. Commissioner

78 T.C. 423 · United States Tax Court · Mar 17, 1982

News 5989, 5990 (1974). 4 Major Stanley does not qualify for the coveted exemption under Pub. L. 93-483 for several reasons. … Because amounts received as compensation for past, present, or future employment may not qualify as a scholarship or fellowship (sec. 1.117-4(cXl), Income Tax Regs.), petitioners clearly would not be (and in fact do not argue

Green Gas Del. Statutory Trust v. Comm'r

147 T.C. 1 · United States Tax Court · Jul 14, 2016

Williams by his testimony established that even unprocessed LFG from all the landfills at issue was of sufficient quality to be used as fuel. Dr. … The Court does not have a way to verify such data or establish the credibility of the data providers. Fourth, Mr.

Wheeler v. Commissioner

1 T.C. 640 · United States Tax Court · Feb 24, 1943

That Congress clearly intended the section to apply to transactions in prior years admits of no doubt. … It indicates clearly that the terms and provisions thereof should be interpreted in the light of and in harmony with the rules and principles established by section 112, and sections 111 and 113 closely related therewith,

Chiu v. Commissioner

84 T.C. 722 · United States Tax Court · Apr 15, 1985

He is knowledgeable and qualified as an expert in gems and minerals. … There’s no way to establish that kind of market. The price in this case as in most cases of very exotic gemstones is what the market will bear.

Estate of Rensenhouse v. Commissioner

31 T.C. 818 · United States Tax Court · Jan 23, 1959

settlement of the estate is such that the allowance, or any unpaid balance thereof, will survive as an asset of her estate in ease she dies at any time following the decedent’s death, the interest thus taken by the widow would clearly … allowed to her as a widow’s allowance remain unpaid, such amounts may be recovered by her representative [citing In re Rice’s Estate, 146 Iowa 48 , 124 N.W. 792 ], And effect of her death, after a decree unappealed from has established

W. T. Grant Co. v. Commissioner

58 T.C. 290 · United States Tax Court · May 15, 1972

At the time of the sale of the coupon book and the execution of the retail credit agreement, the petitioner would establish an account receivable of $110. … Thus, any cash sales are clearly segregated, and we are only concerned with those sales that were paid for in installments.

Greater United Navajo Dev. Enters. v. Commissioner

74 T.C. 69 · United States Tax Court · Apr 16, 1980

Raum, Judge: The Commissioner has ruled that petitioner does not qualify for exemption from income taxation under section 501(c)(3), I.R.C. 1954. … Moreover, petitioner is clearly an active participant in the business, and the business is petitioner’s most substantial activity.

Webb v. Commissioner

67 T.C. 1008 · United States Tax Court · Mar 25, 1977

No direct evidence of record establishes that Continental paid the $400,000 and distributed the preferred stock to the partnership. … Such facts, if true, could easily have been stipulated or established by documentary evidence; yet, neither course was followed.

Clark v. Commissioner

58 T.C. 94 · United States Tax Court · Apr 19, 1972

Preliminarily, however, it is important that the nature and general framework of subchapter S be clearly understood. … But the record herein establishes that as of April 1, 1966, there was no undistributed taxable income for the fiscal year which had just ended.

Christensen v. Commissioner

71 T.C. 328 · United States Tax Court · Dec 4, 1978

In 1970 petitioners returned to the United States and established residency in Connecticut. … At issue was whether section 933(1) prohibited the deduction of these moving expenses which otherwise qualified for deduction under section 217.

Griswold v. Commissioner

81 T.C. 141 · United States Tax Court · Aug 23, 1983

Adelaide, Amory, Jr., and James were contingent beneficiaries of Elisabeth’s Trust when it was established upon the death of Alanson B. … (b) Qualified Disclaimer Defined. — For purposes of subsection (a), the term "qualified disclaimer” means an irrevocable and unqualified refusal by a person to accept an interest in property but only if— (1) such refusal

Goodson-Todman Enterprises, Ltd. v. Commissioner

84 T.C. 255 · United States Tax Court · Feb 25, 1985

TTTT clearly was a game show within the ordinary understanding of that genre of show, albeit with its own unique emphasis and format. … Petitioner’s market was clearly not limited to one particular television station.

Mesi v. Commissioner

25 T.C. 513 · United States Tax Court · Dec 16, 1955

However, the fact that an expenditure is directly related to the production of income does not automatically qualify it as deductible. … Comeaux, supra, involve the deductibility of wages paid to employees in an illegal bookmaking establishment, the instant case is clearly distinguishable.

Pulver Roofing Co. v. Commissioner

70 T.C. 1001 · United States Tax Court · Sep 19, 1978

It is equally clear that such a revocation will not be disturbed unless respondent has. abused his discretion, and we are clearly precluded from using a standard for decision which would impose on petitioner only the usual … However, we are of the opinion that Lansons cannot fairly be read as articulating an absolute rule of law that a plan once qualified under section 401(a)(3)(B) remains qualified irrespective of any change in circumstances

Computervision Corp. v. Commissioner

96 T.C. 652 · United States Tax Court · Apr 16, 1991

However, Congress also clearly intended to limit deferral benefits “to situations which, in fact, involve export transactions.” H. Rept. 92-533, supra, 1972-1 C.B. at 533; S. Rept. 92-437, supra, 1972-1 C.B. at 614. … In other words, the terms of the designation agreement do not establish that International actually performed business functions and related activities.