Case law

Hoerrner v. Commissioner

50 T.C.M. 417 · United States Tax Court · Jul 15, 1985

This report enumerated many problems, including: (1) marginal and unsafe test facilities; (2) no clearly established phases or decision making at predetermined levels; and (3) a lack of clearly established objectives. … The report stated *319 that program objectives should be clearly established and: Once the objective is clearly established, a development plan, schedule and budgets should be defined in writing and adhered to.

Estate of Williams v. Commissioner

75 T.C.M. 1758 · United States Tax Court · Feb 12, 1998

Decedent was clearly inclined to make gifts to petitioner. Decedent gave $283,000 to petitioner when she sold 4,200 acres of timberland in 1979. … Respondent argues that Wiggins was not qualified to value real property because he is a business appraiser and not a real estate appraiser.

Schaevitz v. Commissioner

30 T.C.M. 823 · United States Tax Court · Aug 11, 1971

The record does not clearly disclose whether a second "Hunter Ocean Yachts" corporation was ever incorporated thereafter. … AMOUNT OF CREDIT. * * * (c) Qualified Investment. - (1) In General. - For purposes of this subpart, the term "qualified investment" means, with respect to any taxable year, the aggregate of - (A) the applicable percentage

Book Production Industries, Inc. v. Commissioner

24 T.C.M. 339 · United States Tax Court · Mar 25, 1965

It does not even remotely establish a business purpose for the acquisition and treatment of Mellody Mills by Book Production as a member of the affiliated group. … In Zanesville, the conclusion is based largely on the ground that there was one business unit which was entitled to an economic loss it had clearly suffered.

FMR Corp. and Subsidiaries v. Commissioner

110 T.C. No. 30 · United States Tax Court · Jun 18, 1998

In effect, the trust establishing one RIC can support any number of additional separate series RIC's. … Accordingly, we hold that these expenditures do not qualify for deduction as "ordinary and necessary" business expenses under section 162(a).

PRUDENTIAL OVERALL SUPPLY v. COMMISSIONER

83 T.C.M. 1545 · United States Tax Court · Apr 23, 2002

Fabric tests were conducted by petitioner to compare fabrics and to qualify new fabrics for use in petitioner’s garments. … income more clearly.

Drummond v. Commissioner

35 T.C.M. 243 · United States Tax Court · Feb 26, 1976

If they so qualify the source of the payments is irrelevant, except as it might relate to who made the payments. … Lois argues that the support order clearly provided that she was to receive cash and because the payments now under discussion were not in compliance with that order they are not taxable to her.

Baizer v. Commissioner

75 T.C.M. 1671 · United States Tax Court · Jan 27, 1998

The parties stipulated that the Plan was a qualified plan and an exempt trust within the meaning of sections 401(a) and 501(a). … While this clearly gives the DOL authority over the civil penalties for violation of the rules in ERISA against prohibited transactions, sec. 4975 deals with an excise tax, not a civil penalty.

Grant v. Commissioner

44 T.C.M. 893 · United States Tax Court · Aug 18, 1982

If the redemption qualifies under either section 302(b)(1) , (2) , or (3) , 9 *292 *293 it is treated as being in part or full payment in exchange for its stock. … Young clearly possessed all the attributes to stock ownership after October 3, 1973.A representative of Young, who voted the shares held by it, was present at shareholder meetings beginning on that date.

Jerkins v. Commissioner

62 T.C.M. 1270 · United States Tax Court · Nov 25, 1991

In the absence of adequate books and records, the existence and amount of a taxpayer's income may be proven by any method that clearly reflects income. Sec. 446(b) ; Holland v. … Petitioner wife also argues that she qualifies as an innocent spouse under section 6013(e) . I.

REDLANDS SURGICAL SERVICES v. Commissioner

113 T.C. No. 3 · United States Tax Court · Jul 19, 1999

Petitioner’s Claim to Exemption Under the Integral Part Doctrine Petitioner argues that even if it does not qualify for tax exemption on a “stand alone” basis, it qualifies for exemption under … The precise contours of this doctrine are not clearly defined. The seminal case of Squire v.

Shah v. Comm'r

109 T.C.M. 1160 · United States Tax Court · Feb 25, 2015

Memo. 1980-62 (“Continued retention of the * * * [activity] after any reasonable hope of profit has clearly been ruled out makes it very difficult for us to find a good faith expectation of profit.”). 49 … Dipal Where a taxpayer fails to keep sufficient records under section 6001, the Commissioner may compute taxable income through a method that clearly reflects income.

Denise Celeste McMillan v. Commissioner

2019 T.C. Memo. 108 · United States Tax Court · Aug 26, 2019

suit and her criminal case obviously weren’t related to her IT business; that she deducted half the cost of her apartment even though she didn’t use her home office exclusively for business; and that her horse activity clearly … McMillan the Commissioner’s attorney established that she didn’t consult any of her attorneys about her return position.

Del Norte Natural Gas Co. v. Commissioner

46 T.C.M. 914 · United States Tax Court · Aug 3, 1983

Generally, this burden is met by a showing of some "identifiable event" which clearly establishes the time the debt became worthless. *353 Dustin v. … It is frequently impossible to select a single factor which clearly establishes the date when a debt became worthless.

Herbert C. Haynes, Inc. v. Comm'r

88 T.C.M. 122 · United States Tax Court · Aug 18, 2004

of the Secretary, does clearly reflect income. … Petitioner’s business activities do not qualify petitioner as a “farmer” for purposes of section 1.471-6(a), Income Tax Regs.

Estate of Spear v. Commissioner

65 T.C.M. 2668 · United States Tax Court · May 18, 1993

(d) Whether respondent established a likely source of income and sufficiently investigated and negated leads. … Petitioners argue that Sinclair is a qualified expert and that his opinion is correct. We disagree with Sinclair's opinion.

Branch v. Commissioner

53 T.C.M. 1261 · United States Tax Court · Jun 25, 1987

We are now faced with the task of rationally resolving differences in the opinions and often subjective analyses of two qualified experts. … As Wright is the only expert to appraise the property and testify at trial with respect to such appraisal, and because we have not been presented with evidence which clearly establishes that his assumptions are erroneous,

Cedrone v. Commissioner

51 T.C.M. 555 · United States Tax Court · Mar 5, 1986

What uncertainty remains is clearly of petitioners' own making. … Since fraud can seldom be established by direct proof of intention, petitioner's entire course of conduct can often be relied on to establish circumstantially such fraudulent intent. Stone v.

Estate of Charles F. Haley v. Commissioner

10 T.C.M. 805 · United States Tax Court · Aug 9, 1951

The County Judge's Court of Dade County, Florida, issued letters of administration with the will annexed to Katherine Haley Fuller, decedent's daughter, who thereupon qualified and served as such. … On August 31, 1939, decedent and his wife Ivy executed *153 an agreement, establishing a trust in favor of Ivy in the amount of $100,000, being executed in compliance with the prenuptial agreement.

Whitaker v. Commissioner

56 T.C.M. 47 · United States Tax Court · Sep 6, 1988

As such, he must qualify under an exception of section 152(e) to be entitled to the dependency exemptions. … However, petitioner's testimony regarding this check is vague, since he was unable to clearly associate this check with that specific trip.