Case law

Estate of Earl W. Hamlin v. Commissioner

9 T.C.M. 477 · United States Tax Court · Jun 9, 1950

Hamlin is the duly appointed, qualified and acting executrix of the estate. The income tax returns of Earl W. Hamlin (hereinafter sometimes referred to as Hamlin) for the calendar years 1942 and 1943 and of Earl W. … Hamlin's books and records were so incomplete and unsatisfactory that it was impossible for the petitioner's own accountant to reconstruct clearly the source of all funds received and expended by Hamlin from January 1, 1942

Walters v. Commissioner

68 T.C.M. 1533 · United States Tax Court · Dec 29, 1994

With this purpose in mind, an analysis of California law pertaining to both alimony awards and a trial court's reservation of jurisdiction to modify or terminate such awards establishes that the evil that the minimum term … In sum, the payments received by petitioner in 1989 qualified as alimony under the definition provided by section 71(b)(1) .

Casey v. Commissioner

24 T.C.M. 1558 · United States Tax Court · Oct 26, 1965

Petitioners failed to prove that such payments qualify as deductible contributions. … In the matter of the deductions Gertrude claimed for 1957 and 1959 for payments into the Illinois teachers' pension and retriement fund, Gertrude's contentions have not been clearly presented.

Kobza v. Commissioner

63 T.C.M. 2524 · United States Tax Court · Mar 24, 1992

Clearly, Rapuano's expertise involved determining the energy efficiency of a building and not the profitability of the business of selling electric power. … Elements of Personal Pleasure or Recreation Clearly, personal benefit inured to petitioners in this case.

Offermann v. Commissioner

55 T.C.M. 955 · United States Tax Court · May 26, 1988

more qualified *294 than respondent's expert. … Clearly, there was not, and as petitioner in effect admits and the record establishes, the Amendment was entered into solely to attempt to comply with the requirements of section 465.

Hattier v. Commissioner

58 T.C.M. 1109 · United States Tax Court · Jan 2, 1990

Such contention, respondent claims, "amounts to an attempt to transmogrify a passive investment into a trade or business in order to qualify for deductions under section 174 ." We agree with respondent. … Petitioners clearly understated their 1982 tax liability. The correct rate of the addition to tax is 25 percent of the underpayment attributable to such understatement. Section 6661(a) ; Pallottini v.

Coulter Electronics, Inc. v. Commissioner

59 T.C.M. 350 · United States Tax Court · Apr 10, 1990

Prior to 1972 petitioner's business was limited to manufacturing and selling instruments but in 1972 petitioner established a leasing program. … The method by which Continental established its credit lines for petitioner's leasing program was identical to the method by which it established credit lines for secured loans.

Joseph Lupowitz Sons, Inc. v. Commissioner

31 T.C.M. 1169 · United States Tax Court · Nov 29, 1972

On November 1, 1962, Lupowitz established in its general ledger an account designated "Interest Receivable - Penn Wynn, Inc.," and Penn Wynn established in its general ledger an account designated "Interest Payable - Joseph … The record clearly reveals that Lupowitz was sufficiently prosperous financially so as to preclude any argument that the "investment" by Mansfield was not supported by full value. Cf. John D.

Merlino v. Commissioner

69 T.C.M. 2592 · United States Tax Court · May 16, 1995

Joseph was able to qualify for a mortgage, provided the property was titled in his name. … Petitioner must establish that either fair consideration was paid or that Joseph was solvent.

Freidus v. Commissioner

77 T.C.M. 2159 · United States Tax Court · Jun 16, 1999

11,000 April 23, 1988 2,420 May 30, 1990 24,130 May 16, 1990 174,900 Petitioner paid the following amounts of qualified … We held that the Commissioner did not clearly and convincingly establish that the taxpayer's underpayment was due  - 28 - to fraud.

Coutsoubelis v. Commissioner

66 T.C.M. 934 · United States Tax Court · Sep 29, 1993

Since painting was done at gas stations, this important factor clearly points to denial of petitioners' home office deduction. b. … We concluded above that petitioner did not spend enough time in his home office to establish it as Metro's principal place of business under Commissioner v. Soliman, supra .

Kenton Meadows Co. v. Commissioner

48 T.C.M. 580 · United States Tax Court · Jul 24, 1984

Clearly the requirement that all of the proceeds be distributed has not been met, since no proceeds of the sale of assets were distributed. … Meadows clearly derived a personal benefit and has so conceded. As to his own travel expenses, Mr.

Householder v. Commissioner

58 T.C.M. 382 · United States Tax Court · Oct 11, 1989

Scott and Melton clearly considered the loan outstanding after the cash distribution and distributed the property to retire the loan. … Pursuant to an Order of this Court, respondent filed a status report in which he conceded that Householder qualifies as an innocent spouse under the retroactive amendments.

Estate of Prox v. Commissioner

35 T.C.M. 1003 · United States Tax Court · Jul 21, 1976

. *187 On the other hand, the decedent's use of phraseology referring to his widow's "lifetime" and "life" does not clearly establish that he intended her to have a life estate since it occurs in a separate and additive clause … which does not directly qualify the initial granting language, but is set off by commas and begins with the words "together with."

Robinson v. Commissioner

50 T.C.M. 89 · United States Tax Court · Jun 6, 1985

He noted that Centronics stock qualified as "OTC margin stock," which meant that a purchaser would have been able to acquire the stock by borrowing up to 50 percent of the purchase price. … Carter, was clearly instructed to value Robinson's shares as though they were already registered.

CORE Special Purpose Fund v. Commissioner

49 T.C.M. 626 · United States Tax Court · Jan 30, 1985

It is well established that statements contained on a tax return are neither evidence nor proof of the facts asserted therein. Davis v. … These expenses were clearly evidenced by invoices produced by Mr. Karr, the president of the fund's printer, Karr Graphics, at trial. Mr.

Estate of Auker v. Commissioner

75 T.C.M. 2321 · United States Tax Court · May 19, 1998

During his lifetime, the decedent established a revocable trust (the Trust), named the “Eldon L. … Clearly articulated rules will also assist appellate courts in their review of our decisions in the event of an appeal.

Peterson Bros. Steel Erection Co. v. Commissioner

55 T.C.M. 1605 · United States Tax Court · Aug 16, 1988

In November 1980, petitioner established a $ 250,000 line of credit with Texas Commerce Bank. … Petitioner's ability to obtain a bond on a job when required is of primary importance and is clearly a reasonable need of the business.

Gluckman v. Comm'r

104 T.C.M. 651 · United States Tax Court · Nov 28, 2012

Rul. 67-213, supra, the IRS concluded that where funds were transferred from one qualified employee plan to another qualified employee plan without being made available to the participants, the participants did not have … Petitioners clearly had the ability to control Fownes’ decision-making process and thus had the ability to control their underlying policies. See, e.g., Cadwell v. Commissioner, 136 T.C. at 54-55.

Hyatt Hotels Corporation & Subsidiaries

United States Tax Court · Oct 2, 2023

Petitioner would sometimes run limited- time promotions in which members could earn bonus numbers of rewards points or miles for a qualifying stay. … Memo. 1992-236, 63 T.C.M (CCH) 2832, 2834 (concluding that taxpayer’s consistent exclusion of certain fees from gross income was “clearly not a timing issue” implicating section 481).