Case law

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.

Edward G. Kurdziel, Jr. v. Commissioner

2019 T.C. Memo. 20 · United States Tax Court · Mar 21, 2019

Memo. 1991-109 (taxpayer “clearly enjoy[ed] sailing” but limited his personal use of his boat to just five days during the years at issue); see also Dickson v. Commissioner, T.C. … Home mortgage and real-estate tax: The Code generally allows a deduction for all interest paid or accrued within the taxable year on a qualified residence. See sec. 163(a), (h)(2)(D).

Moore v. Commissioner

56 T.C.M. 1191 · United States Tax Court · Feb 2, 1989

On November 12, 1975, Catherine established her sobriety date, the date which followed the last date that she had ingested any form of mood-altering drug or liquor. … In establishing the intent with which each signor of the Contract executed that document, both Catherine and Harry testified.

Pickle v. Commissioner

30 T.C.M. 1300 · United States Tax Court · Nov 30, 1971

absent from work if he is not expected to work because, for example, he has reached retirement age. * * * Respondent argues that Tax Services' retirement age was 65, and since petitioner was 67 when he became ill he does not qualify … The practice of Tax Services with respect to retiring petitioner was clearly to continue his employment as long as he performed his function.

Gateway Hotel Partners, LLC v. Comm'r

107 T.C.M. 1023 · United States Tax Court · Jan 9, 2014

First, transfers occurring more than two years apart are presumed not to constitute a disguised sale unless the facts and circumstances clearly establish that the transaction is a disguised sale. … Second, transfers occurring within two years are presumed to be a sale unless the facts and circumstances clearly establish otherwise. Sec. 1.707-3(c), Income Tax Regs.

Krivitsky v. Commissioner

54 T.C.M. 493 · United States Tax Court · Sep 14, 1987

The Resources assay book for the Tombstone program contains data from 226 assayed samples that can be clearly identified as coming from the Tombstone claim sites. … His estimate of * * * potential resource is clearly reached and correctly, in my opinion, a conservative estimate. However, in an affidavit subscribed to on June 26, 1984, Dr.

Williams v. Commissioner

63 T.C.M. 2396 · United States Tax Court · Mar 17, 1992

between the parties where the evidence contrary thereto is substantial or the stipulation is clearly contrary to facts in the record. … Clearly, Dorothy Williams, whose lifetime earnings were $ 48,690.90, and who did not have a will probated at death, did not earn that sum.

Perkins v. Comm'r

95 T.C.M. 1396 · United States Tax Court · Apr 16, 2008

The letter explained that if petitioner could show that he was financially disabled, he might qualify for relief “from the time limitations for filing a claim set by law.” … An abuse of discretion is defined as any action that is unreasonable, arbitrary or capricious, clearly unlawful, or lacking sound basis in law, taking into account all the facts and circumstances.

Frank Berritto and Estate of Dana Berritto, Frank Berritto

United States Tax Court · Jan 27, 2022

To establish this defense, taxpayers must make a prima facie case establishing the date of the filing of their return, the expiration of the assessment limitations period, and receipt or mailing of the SNOD after the … The Berrittos were clearly involved in the transactions as evidenced by: (1) Mr. Berritto’s emails and his position as president of FAB; (2) Mr. and Mrs.

CRONK v. COMMISSIONER

2005 T.C. Summary Opinion 174 · United States Tax Court · Nov 29, 2005

Petitioner presented no evidence to establish reasonable cause for the delinquent filing of his return. Respondent, therefore, is sustained on this issue. … Moreover, even if the letter is authoritative, the information in that letter clearly does not account for and take into consideration all the facts of this case.

Davis v. Commissioner

74 T.C. 881 · United States Tax Court · Jul 31, 1980

In December 1972, petitioner Joe Davis made gifts of unencumbered securities to trusts he had established for the benefit of *103 six nephews and nieces. … (taxpayer who has an economic interest, but who does not dispose of coal under contract, does not qualify under sec. 631(c) ↩ ). 26. SEC. 706(a).

Weintraut v. Comm'r

112 T.C.M. 122 · United States Tax Court · Jul 27, 2016

At a time not established by the record, Mr. … 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. Commissioner, 93 T.C. 181, 195 (1989).

Bevitori v. Commissioner

46 T.C.M. 1223 · United States Tax Court · Aug 29, 1983

Apparently his initial statement to respondent's agents was later qualified with the admission that the sum would have been "repaid" out of commissions. … Returns for 1971 through 1973 were clearly delinquent; it is not clear whether the late filing of the 1974 return was covered by extensions. ↩ 4.

Garcia v. Commissioner

48 T.C.M. 425 · United States Tax Court · Jul 3, 1984

The burden is on respondent to establish by a preponderance of the evidence that the 6-year statute is applicable. Armes v. … It appears, in short, that although a more qualified guardian of the childrens' financial interests than Eliza might have been chosen, those interests were nevertheless respected in the actual operation of Den-Gar.

Kretschmer v. Commissioner

57 T.C.M. 441 · United States Tax Court · May 16, 1989

. *256 The third source of OPSCREEN revenues was a "real-time" computer system established by McMahan and Russell. … Second, respondent argues that petitioners have not established the dates on which the ROCs were first placed in service.

FAB Holdings, LLC

United States Tax Court · Jan 27, 2022

To establish this defense, taxpayers must make a prima facie case establishing the date of the filing of their return, the expiration of the assessment limitations period, and receipt or mailing of the SNOD after the … The Berrittos were clearly involved in the transactions as evidenced by: (1) Mr. Berritto’s emails and his position as president of FAB; (2) Mr. and Mrs.

James E. Redlark and Cheryl L. Redlark v. Commissioner

106 T.C. No. 2 · United States Tax Court · Jan 11, 1996

That word has had a long-established and well-known meaning. It has been described as a "term of art". Bregin v. … Clearly, there is more than one way to allocate interest.

Teschner v. Commissioner

74 T.C.M. 1108 · United States Tax Court · Nov 5, 1997

It is well settled that clothing that is suitable for general or personal wear does not qualify as a business expense under section 162. E.g., Green v. Commissioner, T.C. Memo. 1989-599. … Clearly the underwear does not qualify as a business expense.

Bradford v. Commissioner

49 T.C.M. 105 · United States Tax Court · Nov 19, 1984

While the failure to file tax returns, even over an extended period of time, does not per se establish fraud, Cirillo v. … Further, as petitioner has failed to prove that the Committee was a qualified recipient under section 170(c)(2), no charitable contribution deductions are allowable for the years in issue even if petitioner had been able

James D. Sullivan & Colleen M. Sullivan

United States Tax Court · Feb 5, 2026

Sullivan’s mulching business, we readily find that the Sullivans have failed to carry their burden of establishing that the activity was engaged in for profit. … The Sullivans testified that the business was both established and terminated because of safety concerns in 2019. Ms.