Case law

Garner v. Comm'r

42 T.C.M. 1181 · United States Tax Court · Sep 24, 1981

The respondent is clearly entitled to place restrictions on the size and type of businesses qualifying for this special treatment. * * * 63 T.C. at 254 . … Petitioner has established the actual expenses for operating the six vehicles used in his business.

Milbrew, Inc. v. Commissioner

42 T.C.M. 1467 · United States Tax Court · Oct 19, 1981

Petitioners' explanation of this error shows even more clearly the lack *185 of reality of the transaction. … This clearly does not constitute a "reasonable method selected and consistently applied." See sec. 1.46-4(d)(3)(i), Income Tax Regs.

Wootan v. Commissioner

14 T.C.M. 750 · United States Tax Court · Jun 30, 1955

Broadway Drug, Inc. qualified as a foreign corporation to transact business within the state of Oklahoma on July 29, 1939. The corporate organization of Broadway Drug, Inc. was never perfected. … The evidence establishes that his indebtedness to Swift & Company was satisfied in 1941.

Johnson v. Commissioner

66 T.C.M. 1453 · United States Tax Court · Nov 29, 1993

We conclude that the notebook does not establish that petitioner made loans to or received payments from Finnimore. … Respondent acknowledges that the cost of developing computer software may qualify as research and experimental expenses. See sec. 1.174-2(a)(3), (4), Example ( 2 ), Proposed Income Tax Regs., 48 Fed.

Edwards v. Comm'r

2007 T.C. Summary Opinion 182 · United States Tax Court · Oct 24, 2007

Schedule C, 2 As indicated supra note 1, respondent concedes the filing status and home mortgage interest deduction. 3 Respondent does not dispute that petitioner’s installation of tile in 2001 qualifies … When a taxpayer adequately establishes that he paid or incurred a deductible expense but does not establish the precise amount, we may in some circumstances estimate the allowable deduction, bearing heavily against the

Mafco Equip. Co. v. Comm'r

47 T.C.M. 88 · United States Tax Court · Oct 13, 1983

When B&W notified petitioner of its newly established policy, petitioner resisted granting options for B&W to purchase its equipment. … Petitioner has established that its leasing business success was largely a function of its having established a reputation of providing to its customers only equipment which was in first-class working condition.

Baldwin v. Commissioner

14 T.C.M. 794 · United States Tax Court · Jul 21, 1955

Such a course of action in the premises here existing clearly evidences a fraudulent intent on the part of petitioner to evade his proper taxes. … Although failure to report income sometimes alone may be insufficient to establish fraud, James Nicholson, 32 B.T.A. 977 ; L.

Donald DeCleene and Doris DeCleene v. Commissioner

115 T.C. No. 34 · United States Tax Court · Nov 17, 2000

However, on audit of petitioners’ return, an adjusted basis of $61,331 had been established. … A sale of qualified property for cash requires that gain or loss be  - 17 - recognized under the general rule of section 1001(c); such a sale does not become part of a qualifying exchange

Lucky Stores, Inc. and Subsidiaries v. Commissioner

107 T.C. No. 1 · United States Tax Court · Aug 6, 1996

Plans that are not established or maintained pursuant to collective bargaining agreements are herein for convenience referred to as Multiple Employer Plans. … Second, respondent asserts that petitioner's "new method", i.e., that of deducting grace period contributions in the Current Taxable Year, fails to clearly reflect income under section 446(b).

Estate of Bradley v. Commissioner

74 T.C.M. 210 · United States Tax Court · Jul 28, 1997

First, we find that the exhibit qualifies for the "residual" exception under Fed. R. … Michaels' testimony which clearly involve facts as to his views and actions, and not to what others said. Under these circumstances, we find it unnecessary to dissect Mr.

Abbene v. Commissioner

76 T.C.M. 444 · United States Tax Court · Sep 21, 1998

Accordingly, we conclude that petitioners failed to establish that Mr. Abbene operated Blue Ribbon in a businesslike manner. 2. … Respondent argues that petitioners failed to establish the amount of time that Mr.

National Semiconductor Corp. v. Commissioner

67 T.C.M. 2849 · United States Tax Court · May 2, 1994

It was a 3-year program that led to certification as a qualified technical person. … All of the witnesses were well qualified and articulate.

Fisher v. Commissioner

80 T.C.M. 338 · United States Tax Court · Sep 5, 2000

Further, in context, the April 26, 1995, letter from respondent’s Appeals officer clearly did not constitute an offer or acceptance of any settlement agreement. … In light of our denial of petitioners’ motions for entry of decisions, petitioners do not qualify as prevailing parties, and we deny petitioners’ motions for attorney’s fees. See sec. 7430.

Carroll v. Commissioner

42 T.C.M. 1233 · United States Tax Court · Sep 28, 1981

Regardless of the acts he may have performed for the law firm while he was affiliated therewith, the note that he took from Graham in connection with the sale of his stock clearly was not connected with his trade or business … The facts of this case do not give us any reason to stray from our well-established rule in bad debt cases that the petitioner bears the burden of proving worthlessness. See Boehm v.

Thomason v. Commissioner

68 T.C.M. 517 · United States Tax Court · Aug 22, 1994

Third, the spouse seeking relief must establish that he or she did not know, or have reason to know, of the substantial understatements. … Petitioner nonetheless continued to keep her head in the sand, and closed her eyes to what clearly demanded some inquiry on her part.

Stuckey v. Commissioner

44 T.C.M. 1148 · United States Tax Court · Sep 20, 1982

* * * something of value that would make you money or appreciate" would qualify. … Petitioner did not, however, report the sale and reinvestment of the proceeds, which he allegedly believed to qualify the sale for nonrecognition of gain, as is customary for sales qualifying under section 1034. 12 Instead

Warren L. Baker, Jr. and Dorris J. Baker v. Commissioner

118 T.C. No. 28 · United States Tax Court · May 29, 2002

Pursuant to section IV of the agreement, petitioner qualified for a termination payment if he met certain requirements. First, he must work for 2 or more continuous years as an agent. … Nature of Ordinary Income Respondent does not clearly explain his position as to the nature of the termination payment other than to argue that it is not taxable as capital gain.

Carolina Rubber Hose Co. v. Commissioner

24 T.C.M. 1159 · United States Tax Court · Aug 25, 1965

This basic concept must be kept clearly in mind when approaching the issue before us. … Respondent relies on petitioner's failure to take definite steps and make any specific plans to build a new plant, to prove that the building of a new roll plant does not qualify as a reasonably anticipated need of petitioner's

Hyun Seo v. Comm'r

97 T.C.M. 1543 · United States Tax Court · May 19, 2009

Those erroneous stipulations are clearly contrary to the facts that we have found are established by the record in this case. … That stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disregard it. See Cal-Maine Foods, Inc. v. Commis- sioner, 93 T.C. at 195.

Inverworld, Inc. v. Commissioner

73 T.C.M. 2777 · United States Tax Court · May 12, 1997

The form was then sent by the promoter to INC, which passed the information to outside lawyers or fiduciaries qualified to perform the necessary paperwork in the chosen jurisdiction. … character and source of amounts allocated, shall be determined with reference to the substance of the particular transactions or arrangements which result in the avoidance of taxes or the failure to clearly