Case law

R. H. Hutchinson v. Commissioner

8 T.C.M. 597 · United States Tax Court · Jun 22, 1949

Hutchinson, died July 29, 1947, and petitioner Hutchinson, independent executor, is the duly qualified and acting independent executor of her estate. Hutchinson will sometimes hereafter be referred to as petitioner. … Later petitioner built six houses stretched along the lots so as to demonstrate clearly he was not going to put the factory there and he also solt *152 two church lots.

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.

Mayfield v. Commissioner

35 T.C.M. 383 · United States Tax Court · Mar 22, 1976

The per diem payments were "undeniable accessions to wealth, clearly realized and over which the [petitioner had] complete dominion," ( Commissioner v. … It is not believed that, in those circumstances, he was required to abandon his established home at Lake City, Florida, and move it to Meridian.

Schank v. Comm'r

110 T.C.M. 542 · United States Tax Court · Dec 9, 2015

The definition of gross income broadly includes any instance of undeniable accession to wealth, clearly realized, and over which the taxpayer has complete dominion and control. Commissioner v. … The all events test requires that the liability be clearly established, the amount of an expense be reasonably determinable, and economic performance have occurred. Id.

Estate of Vella v. Commissioner

43 T.C.M. 528 · United States Tax Court · Feb 11, 1982

On consideration of the entire record, we hold that respondent has clearly and convincingly established that part of the underpayments in issue was due to fraud. … While these figures may not include all personal expenditures, only three could arguably qualify as "lavish" or "unusual."

Seykota v. Commissioner

61 T.C.M. 2706 · United States Tax Court · May 28, 1991

In 1979, Richartz established Merit Securities, Inc., ostensibly to establish a market in instruments offering the hedging characteristics required by FTI A/C investors. … Seykota urges that he qualifies as a commodities dealer by virtue of his membership in the Coffee, Sugar and Cocoa Exchange.

Beverly Robinson v. Commissioner

2020 T.C. Memo. 134 · United States Tax Court · Sep 23, 2020

Petitioner bears the burden of establishing that she is entitled to relief. See Rule 142(a). Our review of the IRS’ determination is de novo. See Sutherland v. … Rather, her signature last appeared on the renewal of fictitious name filed in 2009, when she was clearly still involved in the business.

Edward S. Flume & Martha S. Flume v. Commissioner

2020 T.C. Memo. 80 · United States Tax Court · Jun 9, 2020

It is well settled that if the taxpayer’s books or records do not clearly reflect income, then the Commissioner is authorized “to reconstruct income in accordance with a method which clearly reflects the full amount of … Petitioners contend that they qualify for the reasonable cause defense because they hired a U.S. C.P.A. (i.e., Ms.

Wiener v. Comm'r

98 T.C.M. 430 · United States Tax Court · Nov 10, 2009

First, a taxpayer who filed a joint Federal income tax return with his or her spouse may seek relief under section 6015(b) if, among other things, the taxpayer establishes that in signing the return he or she did not … Proc. 2000-15, sec. 4.01, have been satisfied but the requesting  - 19 - spouse does not qualify for relief under Rev.

Bales v. Commissioner

58 T.C.M. 431 · United States Tax Court · Oct 19, 1989

Clearly, in these cases the expenses incurred in maintaining and caring for the breeding cattle are deductible. … The next issue we must decide is whether the disposition of the cattle qualifies for preferential capital gains treatment. Breeding cattle are section 1231 property after they have been held for 24 months.

Kaji v. Commissioner

50 T.C.M. 392 · United States Tax Court · Jul 15, 1985

That the note may in fact be paid at some later date is not sufficient to establish the existence of such a requirement. … Our holdings and logic in Wing, Maddrix, and Vastola are squarely on point and clearly apply to the instant case.

Bishop v. Commissioner

21 T.C.M. 760 · United States Tax Court · Jun 19, 1962

Judge Goodrich, although speaking particularly of the expenditure factor, clearly and briefly explains the net worth approach in United States v. … Petitioners, who have the burden of proof, submitted no testimony from qualified appraisers regarding the value of the Newport property as of the date of repossession.

Arden Row Assets, LLC, Natural Aggregates Partners, LLC, Partnership Representative, Petitioner(s)

United States Tax Court · Jul 8, 2025

The terms of the settlement proposal clearly and unambiguously indicate that respondent required the filing of a decision document to reach a binding agreement. … Petitioner has not established that investor out-of-pocket costs were more than $110,900. Mr.

MacGregor v. Comm'r

100 T.C.M. 170 · United States Tax Court · Aug 23, 2010

A sporadic activity or a hobby does not qualify. Id. An expense is ordinary if it is normal, usual, or 18 The record establishes that Kristine Jasiecki was another partner in J-Mac Enterprises. … When a taxpayer establishes that he paid or incurred a deductible expense but does not establish the amount of the expense, we may estimate the amount allowable in some circumstances (the Cohan rule).

BEMIDJI DISTRIB. CO. v. COMMISSIONER

82 T.C.M. 677 · United States Tax Court · Oct 1, 2001

incentive to minimize the amount paid for such a covenant because payments received in exchange therefor constituted ordinary income to the grantor, while the amount realized from the sale of other business assets might qualify … Langdon would not compete because he wanted to be free of the union; however, none of the other distributorships were unionized, so this was clearly not a deterrent. (2) That Mr.

Viani v. Commissioner

68 T.C.M. 776 · United States Tax Court · Sep 27, 1994

The repayment of the loan qualifies for a short term capital loss. … Where the opposing party clearly shows to our satisfaction a significant error in that opinion, appropriate adjustments will be made. Estate of Gilford v. Commissioner , supra . Mr.

CHAMBERS v. COMMISSIONER

2002 T.C. Summary Opinion 105 · United States Tax Court · Aug 7, 2002

In order for reliance on a professional adviser to relieve a taxpayer from the negligence penalty, the taxpayer must establish  - 13 - that the professional adviser on whom he or she relied … 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.

Katherine Marte Kopstad v. Commissioner

2018 T.C. Memo. 139 · United States Tax Court · Aug 29, 2018

Monetary amounts are rounded to the nearest dollar. 2 The record establishes or the parties do not dispute the following background facts. … The Reasonable Cause Assistant is a computer program 4 Petitioner failed to clearly articulate a reasonable cause defense to the addition to tax that the IRS assessed under sec. 6651(a)(2) for failure to

CLARK v. COMMISSIONER

82 T.C.M. 375 · United States Tax Court · Aug 6, 2001

Thus, while the record in the instant case does not indicate when the examination  - 11 - of petitioner’s returns began, petitioner has failed to present any evidence and so could not qualify … Here, the evidence clearly establishes cash sales made by ARF as a likely source of unreported income.

Estate of Myers v. Comm'r

113 T.C.M. 1045 · United States Tax Court · Jan 10, 2017

In pertinent part, Rule 122(a) provides that "[a]ny case not requiring a trial for the submission of evidence (as, for example, where sufficient facts have been admitted, stipulated, established by deposition, or included … He determined, on the basis of the financial information petitioner provided, that petitioner did not qualify for noncollectible status or hardship.