Case law

Garnac Grain Co. v. Commissioner

95 T.C. 7 · United States Tax Court · Jul 3, 1990

The foregoing provisions of the statute and regulations establish the framework with which we are concerned in this opinion. … rule that: inventories shall be taken by such taxpayer on such basis as the Secretary or his delegate may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly

Smail v. Commissioner

60 T.C. 719 · United States Tax Court · Aug 22, 1973

Both of these latter services clearly are important to the general health and well being of the children. … A taxpayer now has to establish that he (and his spouse if he is married) provided over one-half the cost of maintaining the household. Sec. 214(a) and (b) (3) as amended by Pub. L.92-178, sec.210 (Dee. 10, 1971).

Baan v. Commissioner

51 T.C. 1032 · United States Tax Court · Mar 26, 1969

Since the two types of distribution are clearly meant to be parallel, we must conclude that all the proceeds must be distributed as well. Cf. sec. 1.346-1 (b) (2), Income Tas Eegs. … The transaction may also qualify under sec. 355 or 356.

Estate of La Meres v. Comm'r

98 T.C. 294 · United States Tax Court · Mar 23, 1992

The [Beta trust] shall be deemed to have been established as of the date of [decedent's] death. 5. … Although the record does not clearly indicate the date that this first extension was filed, the check for $20,000 was dated January 4, 1984, and Mr.

Coors v. Commissioner

60 T.C. 368 · United States Tax Court · Jun 12, 1973

This will cause the income in future years not to be clearly reflected. … To read the Minot case as supporting the view that the “intent of the investment credit statutes was to include all tangible property as qualifying for the credit excepting land and improvements” is clearly wrong. C.

Tarsey v. Commissioner

56 T.C. 553 · United States Tax Court · Jun 21, 1971

A settlement ensued; $15,000 was established as the amount of the loss and a $6,250 attorney fee was paid by the taxpayer. … In this case there was no necessity for establishing the fact that a casualty loss had been suffered.

Keller v. Commissioner

77 T.C. 1014 · United States Tax Court · Oct 29, 1981

should not be set aside unless clearly shown to be unreasonable, capricious, and arbitrary. … In this case, Keller, Inc., clearly carried on the business of providing medical services.

Chapman v. Commissioner

48 T.C. 358 · United States Tax Court · Jun 21, 1967

It does not seek converts other than to the principles of Christianity generally and if successful urges these converts to establish their own native churches. … Clearly, religious purposes and means are not enough. Otherwise there would have been no necessity for Congress to distinguish between a "religious organization" and a "church."

Deering Milliken, Inc. v. Commissioner

59 T.C. 469 · United States Tax Court · Dec 27, 1972

Where property is acquired by purchase, nothing is more clearly part of the process of acquisition than the establishment of a purchase price.8 Thus the expenses incurred in that litigation were properly treated as part of … made after a new corporation’s first taxable year may qualify as organizational expenditures, and whether Pacolet made a timely election in respect of its appraisal expenditures in 1964.

Estate of Clack v. Commissioner

106 T.C. 131 · United States Tax Court · Feb 29, 1996

Where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal would lie, our obligation as a national Court does not require a futile and wasteful insisténce … Clearly, by providing for an election, Congress’ purpose also was to allow some post mortem tax planning.

Wisconsin Farmer Co. v. Commissioner

14 T.C. 1021 · United States Tax Court · May 31, 1950

petitioner’s actual average base period net income did not reflect the normal operation for the entire base period of the business and therefore was an inadequate standard within the meaning of the statute, as will more clearly … (a) General Rule. — In any case In which the taxpayer establishes that the tax computed under this subehapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Newborn v. Commissioner

94 T.C. 610 · United States Tax Court · Apr 19, 1990

Clearly, the Congress wanted to provide an incentive for the infant geothermal energy industry. … Such regulations are legislative in nature and should be sustained unless clearly inconsistent with the statute they implement.” 84 T.C. at 1317 .

Varian Medical Systems, Inc. and Subsidiaries

United States Tax Court · Apr 8, 2026

But, of course, the phrase “only if” establishes a necessary condition. It does not establish a sufficient condition. See, e.g., California v. … If we assume the earnings qualified as subpart F income for U.S.

Pomeroy Coop. Grain Co. v. Commissioner

31 T.C. 674 · United States Tax Court · Dec 31, 1958

During all taxable years involved, it qualified and was operated as a farmers’ “cooperative association” under chapter 499 of the Codes of Iowa, 1950 and 1954. 2 It did not qualify (which it concedes) as a tax-exempt cooperative … Applying the principles established by the authorities which we have hereinabove cited to the facts of the instant case, we reach the following conclusions: 1.

Berghash v. Commissioner

43 T.C. 743 · United States Tax Court · Mar 11, 1965

They examined several possibilities including locations for new stores as well as established stores to purchase but they were unsuccessful. … Although the exact function and scope of the (F) reorganization in the scheme of tax-deferred transactions described in section 368 (a) (1) have never been clearly defined, it is apparent from the language of subparagraph

Phoenix Mut. Life Ins. Co. v. Commissioner

96 T.C. 497 · United States Tax Court · Mar 26, 1991

Legislative History of Section 801(b)(1)(B) Second, respondent argues that the legislative history of section 801(b)(1)(B) conclusively establishes that the disabled lives reserve does not qualify. … The primary function of petitioner’s agents was to generate premiums, which clearly fall into the underwriting category.

Carolina, C. & O. R. Co. v. Commissioner

82 T.C. 888 · United States Tax Court · Jun 4, 1984

Section 1.47-2(c), Income Tax Regs., clearly applies to that situation. … This clearly indicates that the temporary regulation was not intended to incorporate the rules of section 1.185-3, Income Tax Regs.

Rio Grande Bldg. & Loan Ass'n v. Commissioner

36 T.C. 657 · United States Tax Court · Jul 12, 1961

A reading of section 23 (k) (1) indicates the clear requirement that a reserve account must be established to qualify for a bad debt deduction if the taxpayer chooses the reserve method. … We cannot agree inasmuch as the situations presented are clearly distinguishable.

Brooks v. Commissioner

50 T.C. 585 · United States Tax Court · Jul 22, 1968

The plan, originally established as a tax-exempt employees profit-sharing plan and trust under section 165(a) of the 1939 Code, was evidenced by an amended and completely restated agreement dated September 2,1947, ruled on … Clearly, decedent’s right to make recommendations on investments, even at his own risk, did not constitute constructive receipt of the fund. At no time was the fund subject to his unfettered command.

Duke Power Co. v. Commissioner

49 T.C. 14 · United States Tax Court · Oct 24, 1967

This evidence shows clearly that costs of the amount of electric power actually sold in the latter half of the base period could have been reduced by the use of the new plants in lieu of some of the older less efficient ones … The petitioner, claiming relief, has offered evidence by stipulation and uncontradicted testimony of three qualified witnesses to support that claim and has produced the complicated computations necessary to establish a basis