Case law

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.

Chin v. Comm'r

85 T.C.M. 814 · United States Tax Court · Feb 6, 2003

We note that a “deduction is a matter of legislative grace and that the burden of clearly showing the right to the claimed deduction is on the taxpayer.”4 INDOPCO, Inc. v. … - 8 - petitioner must establish that his Sherman Oaks Property rent payments were incurred in carrying on his trade or business.

Strasser v. Commissioner

52 T.C.M. 1140 · United States Tax Court · Dec 8, 1986

As the principal evaluations officer, *47 he was responsible for establishing monetary values for all types of materials, including manuscripts and materials for which there are no established markets. … Although this Court has authority to disregard a stipulation that is clearly contrary to the facts, Jasionowski v.

Stephanie Murrin

United States Tax Court · Jan 24, 2024

Davis, 264 U.S. 456, 462 (1924) (“[A]n action on behalf of the United States in its governmental capacity . . . is subject to no time limitation, in the absence of congressional enactment clearly imposing it.” … We attach no weight to their discussion given the plain text and the established history of this provision. Cent. Bank of Denver, N.A. v.

Keller Street Development Co. v. Commissioner

37 T.C.M. 1451 · United States Tax Court · Sep 5, 1978

This is established by the source of the gross receipts for the years in issue. … He is well qualified to manage a complex business enterprise based upon his skills and abilities that were developed through years of business *223 experience.

Cline v. Commissioner

43 T.C.M. 436 · United States Tax Court · Feb 1, 1982

Respondent takes the position that the forms filed by petitioner do not qualify as tax returns required by law to be filed. We agree with respondent. … Clearly, the Form 1040 filed for the taxable year 1976 did not constitute a valid return, as it contained no information regarding petitioner's income or deductions for such year. See United States v.

Jary-Mathis v. Comm'r

106 T.C.M. 716 · United States Tax Court · Dec 30, 2013

She also found retaining qualified trainers difficult, because the best trainers wanted to demonstrate their skills on horses from many different farms. … The financial statements included petitioners’ personal items, but the farm items were clearly identifiable.

Frank and Barbara Biehl v. Commissioner

United States Tax Court · May 30, 2002

Biehl’s attorney was clearly attributable to Mr. Biehl’s trade or business of being an employee and is deductible under section 162(a). See McKay v. Commissioner, 102 T.C. 465 (1994); Alexander v. … Biehl and NCMI when the attorney’s fee was incurred and paid, petitioners insist that the settlement agreement and the shareholders agreement establish an “arrangement” pursuant to which NCMI reimbursed Mr.

Nemetz v. Commissioner

47 T.C.M. 282 · United States Tax Court · Nov 10, 1983

Thus under section 71(a), petitioner's lump sum payment does not qualify as a periodic payment. *118 Petitioner, however, argues that the provisions of section 1.71-1(d)(3)(i) and (ii), Income Tax Regs. , apply, and that … Clearly, the option granted by the Virginia court for the brief period of 30 days was intended merely as an alternative form of payment of $146,500.

Mandina v. Commissioner

43 T.C.M. 359 · United States Tax Court · Jan 28, 1982

Timme had been a prostitute and was testifying under a grant of immunity, her testimony should not be believed. … establishes that petitioners did have an agreement among themselves to extract money from DMI for their own benefit, and that they did so.

Charles H. Browning, Jr., and Patricia L. Browning v. Commissioner

109 T.C. No. 16 · United States Tax Court · Nov 25, 1997

The maximum price was paid for the best qualified farmland as determined by a formula adopted by the county, and lesser amounts were paid for lesser qualified farmland. … However, if the donor or a related person receives, or can reasonably expect to receive, a financial or economic benefit that is substantial, but it is clearly shown that the benefit is less than the amount

Datamation Services, Inc. v. Commissioner

35 T.C.M. 1092 · United States Tax Court · Aug 16, 1976

Moreover, it does not appear that any specific plans were ever formulated or that any serious steps were taken looking towards the establishment of a school in New York, and no such school was in fact ever established. … Datamation's data processing service business encountered certain *163 problems, the severity of which was not clearly indicated by the record, during 1969.

Gustin v. Commissioner

27 T.C.M. 186 · United States Tax Court · Mar 14, 1968

The facts here are clearly distinguishable from those in J. T. Dorminey, 26 T.C. 940 (1956) ; Main v. United States, an unreported case (W.D. Wash., 1966),; and Frank A. Garlove, T.C. … To qualify as a business bad debt, a debt must bear a proximate relationship to a trade or business. Whipple v. Commissioner, supra at p. 201 .

Matlock

63 T.C.M. 3108 · United States Tax Court · Jun 8, 1992

notwithstanding that such property * * * qualifies as section 38 property in a subsequent taxable year. … Petitioner did not establish to whom these gifts were given, or what they were.

GAY v. COMMISSIONER

2003 T.C. Summary Opinion 36 · United States Tax Court · Apr 17, 2003

This provision provides full or apportioned relief from joint and several liability for an understatement of tax on a joint return if, among other requirements, the taxpayer requesting relief “establishes that in signing … Contrary to respondent’s determination, we find that the above factors favoring equitable relief clearly outweigh the fact that petitioner had actual knowledge of the unreported income.

Barr v. Commissioner

56 T.C.M. 1255 · United States Tax Court · Feb 14, 1989

In addition, he did not establish that the persons from whom he was soliciting advice were qualified to give it. … Clearly, the issue of petitioner's claimed depreciation deductions was raised in both notices. Thus, only the grounds for the issue is questioned.

Shaller v. Commissioner

49 T.C.M. 10 · United States Tax Court · Nov 1, 1984

If petitioners' motive was to reap investment income, their trade or business must be limited to investing; as petitioners did not qualify as traders in the years in issue, they were not engaged in this trade or business. … There, taxpayers kept established office hours over 40 hours a week, kept extensive records of watched securities, and had a well-equipped office complete with a secretary. 8. See Johnson v. Commissioner, T.C.

Char-Lil Corp. v. Commissioner

76 T.C.M. 1082 · United States Tax Court · Dec 30, 1998

Petitioner argues that if it had held all of the property as rental property, "then clearly its rental income would have exceeded 50% of its adjusted ordinary  - 23 - gross income and not been … Furthermore, respondent notes that there is no evidence to establish the nature of certain expenses, such as the miscellaneous expenses.

Taylor v. Commissioner

66 T.C.M. 1389 · United States Tax Court · Nov 22, 1993

petitioners' income tax and additions to tax as follows: Additions to Tax Year Deficiency Sec. 6653(b)(1) Sec. 6653(b)(2) Sec. 6661(a) 1985 $ 794,087 $ 397,043.50 1 $ 198,522 Respondent concedes that Deborah Kay Taylor qualifies … We conclude that respondent has clearly and convincingly proven that petitioner had the requisite fraudulent intent.