Case law

Norwich Commercial Group, Inc.

United States Tax Court · May 12, 2025

Of course, in this context it is a debt receivable  22 [*22] claim a deduction as it clearly qualifies. … Given that the claim of right doctrine effectively creates a liability for repayment of overstated income in the year of discovery, the most applicable timing provision is found in section 461(h)(2)(B), which establishes

Madden v. Commissioner

57 T.C.M. 84 · United States Tax Court · Apr 13, 1989

It is well established that the economic substance of a transaction rather than the form in which it is cast is determinative of its consequences. See Golsen v. … Section 465(b)(4) concerns itself with arrangements where taxpayers are not really "at risk" because they are immunized from suffering an economic loss even though the underlying transaction is not profitable.

Billy Edward Armstrong and Phoebe J. Armstrong v. Commissioner

139 T.C. 468 · United States Tax Court · Dec 19, 2012

Congress also provided a second method for a noncustodial parent to get the exemption: He could show that he spent at least $1,200 on the child, but only if the custodial parent could not “clearly establish” that she spent … Section 36 provides first-time homebuyers a credit for part of the purchase price of their qualifying principal residence.

THORNTON v. COMMISSIONER

2002 T.C. Summary Opinion 45 · United States Tax Court · May 3, 2002

In order for reliance on a professional adviser to relieve a taxpayer from the negligence penalty, the taxpayer must establish that the professional adviser on whom he or she relied had the expertise and knowledge of the … 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.

Anderson v. Commissioner

69 T.C.M. 1609 · United States Tax Court · Jan 11, 1995

Respondent has clearly and convincingly established that Dayton Power issued a $ 6,362.53 check to Anderco which was a corporate gross receipt of Anderco. See supra table 1 note 2, and text following table 1. … In either event, it is clearly established that the $ 4,600 was unreported 1978 income to petitioner.

Sprint Corporation and Subsidiaries, f.k.a. United Telecommunications, Inc. v. Commissioner

108 T.C. No. 19 · United States Tax Court · Apr 30, 1997

Section 168 requires that property must be tangible to qualify for ACRS treatment. … However, as we have held, the software is intangible and therefore does not qualify for ACRS.

F. R. Johnson Products Co. v. Commissioner

43 T.C.M. 705 · United States Tax Court · Mar 8, 1982

During the 1960's, Johnson was a customer of Leonard Studzinski's hardware store and established credit there in his individual capacity. … fulfilled and that the corporation has been organized under this act, * * *. 15 Section 21.200(131)(2) of that Act specifies that articles of incorporation are generally effective at the time they are endorsed. 16 Johnson clearly

Veritas Software Corporation & Subsidiaries, Symantec Corporation (Successor in Interest to Veritas Software Corporation & Subsidiaries.) v. Commissioner

133 T.C. No. 14 · United States Tax Court · Dec 10, 2009

Respondent examined VERITAS US’ 2000 and 2001 returns and concluded that the cost-sharing allocations reported did not clearly reflect VERITAS US’ income. … In a qualified cost-sharing arrangement, controlled participants share the cost of developing one or more items of intangible property. See sec. 1.482-7(a)(1), Income Tax Regs.

Capital One Financial Corporation and Subsidiaries v. Commissioner

133 T.C. No. 8 · United States Tax Court · Sep 21, 2009

opinion of the Secretary, does clearly reflect income. … However, if a taxpayer uses a method of accounting which clearly reflects income, the Commissioner is not authorized to adjust a taxpayer’s method of accounting to a method that may more clearly reflect income.

Welch v. Comm'r

103 T.C.M. 1949 · United States Tax Court · Jun 28, 2012

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). … To qualify as a head of household, an individual generally must be unmarried at the close of the taxable year. Sec. 2(b)(1).

Hughey v. Commissioner

67 T.C.M. 2440 · United States Tax Court · Mar 22, 1994

Petitioner knew that he was required to include the $ 61,594 payment in his taxable income for 1981; he was under 59 years old at the time he received the payment, and he never transferred the money into another qualifying … To carry that burden, respondent must clearly show that petitioner intended to evade a tax known or believed to be owing. Stoltzfus v. United States , 398 F.2d 1002 , 1004 (3d Cir. 1968) .

Gateway Hotel Partners, LLC, Gateway Interest Acquisition Corp., Tax Matters Partner v. Commissioner

2014 T.C. Memo. 5 · 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.

Hoeppner v. Commissioner

64 T.C.M. 1493 · United States Tax Court · Dec 14, 1992

Nevertheless, no matter how strong a foundation can be laid to establish the location of Mrs. … We will accept arguendo, without deciding, that had petitioner not also possessed employment in Maryland during such years, Indialantic, Florida, would have qualified as petitioner's tax home for purposes of section 162(a

Hyatt v. Commissioner

20 T.C.M. 1635 · United States Tax Court · Nov 21, 1961

We have specifically recognized that such general agency contracts with mutual assessment companies are considered to establish separate businesses. R. B. Cowden, 34 T.C. 819 . … formed shortly after September 25, 1952, pursuant to the authorization of the United Security board of directors for the purpose of retaining in the company the minimum number of policyholders required under Texas law to qualify

O'Reilly v. Commissioner

67 T.C.M. 2176 · United States Tax Court · Feb 17, 1994

Rul. 93-12 , 1993- 7 I.R.B. 13 , *75 and are clearly distinguishable. Each party produced an expert with calculations in support of that party's methodology. … Accordingly, we hold that the value of the gifted remainder interests were $ 192,024 in respect of the trusts established by Mr. O'Reilly and $ 192,081 in respect of the trusts established by Mrs. O'Reilly.

Hospital Corporation of America and Subsidiaries v. Commissioner

109 T.C. No. 2 · United States Tax Court · Jul 24, 1997

Had Congress intended that outcome, we believe Congress would have clearly set forth that intent in the statute or in its legislative history. … Accordingly, we conclude that, to the extent a disputed property item would have qualified as tangible personal property for ITC, that property also will qualify as tangible personal property for purposes of ACRS and MACRS

Thompson v. Commissioner

45 T.C.M. 693 · United States Tax Court · Feb 8, 1983

Thus, even though the taxpayer has a heavier burden under section 166(a)(2) than under section 166(a)(1), if the business judgment is coupled with facts which clearly establish the sagacity of such judgment, then it must … Thompson & Green first argues that 30 percent of the total debt was clearly worthless by 1971.

Lomanno v. Commissioner

68 T.C.M. 565 · United States Tax Court · Aug 24, 1994

This case is clearly factually different from any of the cases cited by respondent. For example, Peirce v. Commissioner , T.C. … McClain was, or should have been, aware that petitioner did not met the requirements to qualify as an innocent spouse under section 6013(e) . Based on Mr.

Pack v. Commissioner

39 T.C.M. 1179 · United States Tax Court · Mar 6, 1980

T's and Remco, this familiarity alone does not qualify the witness to render an opinion on the value of the note. … Reliance on such records is clearly not irrational and, accordingly, the burden of proof remains with petitioner. Rule 142(a), Tax Court Rules of Practice and Procedure. ↩ 22a.

Karlsson v. Commissioner

74 T.C.M. 694 · United States Tax Court · Sep 23, 1997

As persuasively established, however, by respondent's expert, John R. … Clearly, Cromwell's exorbitant license fees are not justified merely because Doscher, in 1981, became affiliated on a limited basis with the partnerships.