Case law

Wish v. Comm'r

2015 T.C. Summary Opinion 25 · United States Tax Court · Apr 6, 2015

the instrument relating to a child (such as attaining a specified age, marrying, dying, leaving school, or a similar contingency), or (B) at a time which can clearly … In addition, the accuracy-related penalty is not imposed with respect to any portion of the underpayment of tax if the taxpayer can establish that he acted with reasonable cause and in good faith with respect to that portion

Ollenberger v. Commissioner

35 T.C.M. 839 · United States Tax Court · Jun 17, 1976

Per diem paid to the field team employees who qualified therefor was at the rate of $11 per day for a leadman and an engineer, and $9 per day for the other members of the field teams. … The per diem payments were "undeniable accessions to wealth, clearly realized and over which the [petitioner had] complete dominion" ( Commissioner v.

Duncan v. Commissioner

80 T.C.M. 283 · United States Tax Court · Aug 24, 2000

Under certain  - 5 - circumstances, where a taxpayer establishes entitlement to a deduction but does not establish the amount of the deduction, the Court is allowed to estimate the amount … Knoxville was clearly petitioner's principal place of business during 1994.

Ryan v. Commissioner

76 T.C.M. 453 · United States Tax Court · Sep 21, 1998

It is clearly relevant for that purpose. The court of appeals opinion is therefore admitted into evidence. … If, however, the court of appeals opinion modified the Judgment of Divorce, yet left the termination upon death provision intact, the payments clearly are alimony.

Beckey v. Commissioner

68 T.C.M. 945 · United States Tax Court · Oct 17, 1994

To qualify for the deduction, an expense must be both "ordinary" and "necessary" within the meaning of section 162(a). Deputy v. duPont , 308 U.S. 488 , 495 (1940) . … Under certain circumstances, where a taxpayer establishes entitlement to a deduction but does not establish the amount of the deduction, the Court is permitted to estimate the amount allowable. Cohan v.

Randolph v. Commissioner

54 T.C.M. 339 · United States Tax Court · Aug 27, 1987

To the contrary, the record *440 clearly establishes that the net earnings of Home Ministries were used primarily for his benefit. Even if the 58 benefit inuring to petitioner were small, it would be impermissible. … This finding also precludes a finding that Home Ministries is a qualified organization within the meaning of sec. 170(c)(2) ↩ . 6. SEC. 107 . RENTAL VALUE OF PARSONAGES.

Estate of Busch v. Commissioner

72 T.C.M. 242 · United States Tax Court · Jul 30, 1996

who brought the deal to them had checked out the value of that machinery with a reliable, qualified, independent source. … We hold that petitioners did not reasonably or in good faith rely on Becker as an expert or a qualified professional working in the area of his expertise to establish the fair market value of the Sentinel EPE recycler

Witcher v. Comm'r

84 T.C.M. 582 · United States Tax Court · Nov 26, 2002

It has been clearly established in Pennsylvania that military pension benefits qualify as marital property and are subject to equitable distribution. 23 Pa. Cons. Stat. … The notice of deficiency disallowed the claimed depreciation deduction on the basis that petitioner failed to establish entitlement to the deduction.

Citizens Mut. Inv. Assn. v. Commissioner

2 T.C.M. 177 · United States Tax Court · May 25, 1943

That part of the stipulated *288 facts which will make apparent the questions presented together with the material facts established by the evidence, are as follows: Some years before 1935 the City Investment Co. was organized … The "premiums" had no relation to petitioner's expenses in connection with the particular loan, and were clearly interest.

Helen Jane Martina Schwerin Trust v. Commissioner

13 T.C.M. 202 · United States Tax Court · Mar 11, 1954

He established his residence in Tucson in 1936 *287 and since that time he has maintained his residence there. … The objective of liquidation of assets is clearly apparent in the sales of both the lots and acreage.

Biamby v. Commissioner

61 T.C.M. 2566 · United States Tax Court · May 13, 1991

This general assertion is clearly not sufficient to avoid the imposition of the addition. Gallagher v. Commissioner , 75 T.C. 313 , 318 (1980) . … Petitioner has *244 not sustained his burden of establishing that respondent's determination of the additions to tax is incorrect.

Occhipinti v. Commissioner

28 T.C.M. 978 · United States Tax Court · Sep 23, 1969

Petitioners do not qualify for the exclusion. Issue 2. Checks *115 from Town & Country Motel, Inc., in 1957 and 1958 Findings of Fact During 1957 Rosario received the following checks from Town & Country Motel, Inc. … Second, the evidence, based on Jacqueline's records, clearly shows that 1,000 shares of the stock were issued to Joseph H.

Bronner v. Commissioner

45 T.C.M. 738 · United States Tax Court · Feb 9, 1983

Petitioner contends that they are, maintaining that All-One is an organized religious association and is therefore a qualified recipient of charitable gifts. … We hold that he has failed to establish that All-One is operated exclusively for exempt purposes.

Walsh v. Commissioner

36 T.C.M. 1587 · United States Tax Court · Nov 14, 1977

Neither the Walsh Family Estate nor the Walsh Family Foundation was a qualified tax exempt organization pursuant to section 501(c). 1. One *52 Prospect Corporation. … Hayes and petitioner together established Americans Building Constitutionally ("ABC").

Purdy v. Commissioner

45 T.C.M. 74 · United States Tax Court · Nov 15, 1982

The stipulation thus establishes that the net payments were child support payments, which cannot be deducted by petitioner. However, it leaves open the question of how to treat the FICA and withholding taxes. … Although not clearly expressed, petitioner seems to be advancing the following three arguments: (1) Petitioner should be allowed to deduct FICA and withholding taxes paid with *94 respect to his former wife because only the

Weigelt v. Commissioner

72 T.C.M. 812 · United States Tax Court · Sep 30, 1996

With regard to the IRA issue, under section 219(a) an individual is allowed a deduction for qualified retirement contributions. … An active participant includes a participant in "a plan established for its employees by the United States". Sec. 219(g)(5)(A)(iii). Petitioner was an "active participant" during 1992.

Marie's Shoppe, Inc. v. Commissioner

36 T.C.M. 1548 · United States Tax Court · Oct 31, 1977

Though each of these contingencies could qualify as a business need, to do so requires specificity as to the projected plans. Barrow Manufacturing Co. v. … Petitioner uses specific identification to establish inventory value. This method complies with section 471 by clearly reflecting income and conforming to the best accounting practice in petitioner's trade or business.

Ansan Tool & Mfg. Co. v. Commissioner

63 T.C.M. 2212 · United States Tax Court · Feb 27, 1992

Whether a payment qualifies for deduction under section 162(a) is a factual issue which *182 must be decided on the basis of all relevant facts and circumstances. Commissioner v. … In establishing the assumptions to be used in determining the covenant's value, Mr.

Salls v. Commissioner

64 T.C.M. 754 · United States Tax Court · Sep 16, 1992

Irwin's testimony and the related exhibits clearly demonstrate that petitioner paid Dr. Irwin $ 35,000 in cash for the Treasure Camp property. … Petitioner contends that he did not pay the note and, therefore, the $ 19,214.29 should not qualify as an expenditure in 1984. He contends *596 that Jim King paid the note on his behalf.

A. F. Lowes Lumber Co. v. Commissioner

19 T.C.M. 727 · United States Tax Court · Jun 30, 1960

The evidence as a whole clearly establishes that the parties intended that the timber should be acquired and owned by the partners or the partnership (and we cannot understand how it would make any difference on this issue … The books and records of both the corporation and the partnership clearly and carefully recognized and recorded the transactions as outlined above.