Case law

Novak v. Commissioner

51 T.C. 7 · United States Tax Court · Oct 2, 1968

The evidence, we believe, quite clearly establishes that petitioner incurred a substantial amount of unreimbursed expenses in connection with his employment as a registered representative or salesman for the Chicago stockbrokerage … Not all salesmen who solicit business outside an office, however, qualify for the benefits of section 62(2) (D).

Taylor v. Commissioner

27 T.C. 361 · United States Tax Court · Nov 27, 1956

the accounts had been established, and that such individuals were the beneficial owners of the accounts. … Clearly, this situation is substantially different from that in Clay H. Brock, supra.

American Foundry v. Commissioner

59 T.C. 231 · United States Tax Court · Nov 13, 1972

Nor has the existence of any “program, policy, or custom having the effect of a plan” been established. … However, we cannot say that any amount in excess of $7,000 per year has been established as reasonable compensation.

Estate of Mueller v. Commissioner

107 T.C. 189 · United States Tax Court · Nov 5, 1996

Supp. 677, 681-682 (D.N.H. 1994) (parent corporation and subsidiary not qualified as member of affiliated group). … Dalm, 494 U.S. 596 (1990), clearly establishes, a taxpayer asserting equitable recoupment may not affirmatively collect the time-barred overpayment of tax but may only use equitable recoupment to reduce the Government’s timely

Scottish American Inv. Co. v. Commissioner

12 T.C. 49 · United States Tax Court · Jan 27, 1949

Before the establishment of the Jersey City office, the income of petitioners was collected by the banks. … be pointed out that the Circuit Court of Appeals for the Third Circuit in its opinion, 142 Fed. (2d) 401, at pages 402 and 403, used the following language in stating the factual background for its decision : “The record clearly

Equitable Life Ins. Co. v. Commissioner

73 T.C. 447 · United States Tax Court · Dec 17, 1979

which provided an option to the insured or his beneficiary to elect a life annuity qualify as life insurance reserves under section 801(b), I.R.C. 1954, 1 and (2) Whether reserves established in connection with two nonqualified … Taxpayer’s branch office manager plan is not included in the benefit established by sec. 805(d)(i)(C) since it is not qualified under sec. 401.

Barber-Greene Americas, Inc. v. Commissioner

35 T.C. 365 · United States Tax Court · Nov 30, 1960

order to utilize the credit established, it was impossible in the time allowed, to have it revised to permit us to retain title. … The petitioners concede that their sales procedures were established and arranged in the manner adopted with the intention to qualify for the tax benefits granted by the cited statutes to domestic corporations deriving their

Cooper Agency v. Commissioner

33 T.C. 709 · United States Tax Court · Jan 26, 1960

While little if any soliciting was required, the job of selecting and qualifying purchasers was an arduous one, and was highly significant in the success of the project. … In attempting to establish the value of his services, he relied substantially on the custom in the area of paying 1 per cent of the amount of the loan involved in connection with which a complete search and abstract of title

Texas Learning Technology Group v. Commissioner

96 T.C. 686 · United States Tax Court · Apr 30, 1991

Therefore, local school districts are authorized and encouraged to establish programs to cooperate with the business community and with other educational and governmental institutions to recruit qualified persons who will … Clearly, petitioner does not qualify under this standard.

Budhwani v. Commissioner

70 T.C. 287 · United States Tax Court · May 22, 1978

Upon his arrival, and until he established his own place of residence, petitioner temporarily stayed with a friend who lived in Chicago. … Petitioner’s employment, beginning in 1973, clearly exceeded the conditions of his entry visa.

Consumers Credit Rural Electric Cooperative Corp. v. Commissioner

37 T.C. 136 · United States Tax Court · Oct 31, 1961

The books and records of the co-operative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in an appropriate … The question is one of fact and the petitioner has the burden to establish the debtor-creditor relationship. In Wilbur Security Co. v.

Estate of Cutter v. Commissioner

62 T.C. 351 · United States Tax Court · Jun 20, 1974

King, 37 T.C. 973, 980 . * * * However, to prevent inclusion an ascertainable standard must still be established. … Por that reason the word “happiness” must be deemed qualified by the more limiting word “need.”

Whitehouse Hotel Ltd. P'ship v. Comm'r

139 T.C. 304 · United States Tax Court · Oct 23, 2012

The real right established pursuant to La. Rev. Stat. … when it established the rule.”

Lewis v. Commissioner

47 T.C. 129 · United States Tax Court · Nov 18, 1966

Thus, any implication from the failure to qualify under the “safe harbor” of section 302(b) (3) is clearly negated. … (The record is silent as to whether any such plan was in fact established.)

Estate of Temple v. Commissioner

65 T.C. 776 · United States Tax Court · Jan 22, 1976

This requirement is intended to insure that only statements which have high probative value and necessity may qualify for admission under the residual exceptions. … His testimony before the grand jury in 1971 was clearly hearsay as defined in rule 801(c).

Humana, Inc. v. Commissioner

88 T.C. 197 · United States Tax Court · Jan 26, 1987

From August 20, 1976, to October 12, 1982, HCI qualified as a captive insurance company under Colorado law. Humana Holdings, N.V. … To speak of a transfer of risk to a fund or reserve established by the insured is merely to describe “self-insurance”.

Basin Oil Co. v. Commissioner

32 T.C. 70 · United States Tax Court · Apr 10, 1959

(a) General Rule. — In any case In which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would … Although it has been said that the V.C.R. is not strictly statutory, it is clearly founded upon and flows naturally from the provisions of section 722 (a) and' (b)(4), supra, in that 722(a) requires consideration of post-December

Globe Mortgage Co. v. Commissioner

14 T.C. 192 · United States Tax Court · Feb 14, 1950

The real question at issue, then, is whether the indebtedness qualifies as borrowed invested capital within the intent of the statute and regulations. Player Realty Co., 9 T. … The facts of that case are clearly distinguishable from the facts in this case.

Estate of Silverman v. Commissioner

61 T.C. 605 · United States Tax Court · Feb 4, 1974

The assignment further provided that it was made pursuant to the provisions of the pension trust established by Schneierson. After decedent’s death, the proceeds of policy No. … with the restrictions contained in the pension plan is assigned to a participant in a plan, the exclusion was not intended to apply if the rights of the participant in the contract were so absolute that the contract was clearly

Campbell v. Commissioner

108 T.C. 54 · United States Tax Court · Feb 18, 1997

In addition, the amount of the deduction is limited where the taxpayer was, for any part of the taxable year, an “active participant” in a retirement plan qualified under section 401(a) or a plan established for its employees … In 1974, when Congress decided to include in income the distribution of excess contributions, it clearly and explicitly required such inclusion in both the language of section 408(d)(1) and in the legislative history of such