Case law

Barrish v. Commissioner

49 T.C.M. 115 · United States Tax Court · Nov 20, 1984

Commissioner, supra. 9 Thus the first issue herein boils down to whether on the facts established in this case petitioner's activities related to gambling on the dog races constituted carrying on a trade or business. … However, reason alone convinces us that petitioner could not have won $143,751 by purchasing at the most only 100 $2 tickets, and the evidence clearly shows that petitioner purchased many more tickets than 100 each day he

Gradsky v. Commissioner

29 T.C.M. 625 · United States Tax Court · Jun 8, 1970

Considering their fiscal status, we do not believe that these Florida corporations could have qualified for conventional loans of any substance from a bona fide *251 lending institution. … Ostensibly, the fact that the taxpayer cast his transactions in the form of loans cannot render the money received therefrom any less taxable than amounts obtained outright by fraudulent means which clearly constituted taxable

Dai Ho v. Commissioner

76 T.C.M. 651 · United States Tax Court · Oct 7, 1998

Relying on a similar procedure established with respect to refund claims under section 6532(a), petitioners contend that, where respondent does not respond to a request for abatement of interest within 6 months of the … Because the Court clearly lacks the authority to graft such a time limit onto section 6404(g), petitioners' remedy lies with Congress, not with this Court. Consistent with Bourekis v.

Anderson v. Commissioner

63 T.C.M. 2131 · United States Tax Court · Feb 19, 1992

There is no evidence that petitioners sought to determine whether Munz was qualified to produce and market the instructional tapes. … Clearly, the Hayses did not have to rely on profits from the master recording activity to meet their costs of living.

Adler v. Commissioner

12 T.C.M. 804 · United States Tax Court · Jul 8, 1953

Except for so-called "qualifying shares", he was the sole stockholder of Builders and Dream *181 Homes, and those corporations were organized by him for the purpose of carrying on the business of building houses. … Clearly, they were held primarily for sale and not for investment.

Paul D. and Alicia Garnett v. Commissioner

132 T.C. No. 19 · United States Tax Court · Jun 30, 2009

“General partners typically have management power and personal liability while limited partners lack management powers and enjoy immunity from liability for debts of the partnership.” 1 Bromberg & Ribstein, supra sec … - 27 - described the interests does not conclusively establish that petitioners held limited partnership interests.

Kohn v. Comm'r

114 T.C.M. 200 · United States Tax Court · Aug 14, 2017

- 43 - [*43] Consistent with our previous findings, we are satisfied that respondent has clearly and convincingly established the existence of an underpayment of tax for 1992 relating … Respondent has clearly and convincingly demonstrated that the docks’ $2,600 diminution in value, even if attributable to flooding, was far too insubstantial to qualify as a deductible casualty loss.

Duffey v. Commissioner

65 T.C.M. 2508 · United States Tax Court · Apr 27, 1993

For instance, respondent must establish the opening net worth with reasonable certainty. … Consequently, we conclude that petitioners have failed to prove that the sale reported by them in 1981 qualifies for treatment as a long-term capital gain.

Matheson v. Commissioner

62 T.C.M. 469 · United States Tax Court · Aug 13, 1991

The record does not establish whether Edelmetal ever provided the funds in the amount of the note to SMR. … Commissioner , supra at 1129 . *484 Petitioner's participation in the Silurian Mine program was clearly a tax-motivated transaction. As such, section 6621(c) is applicable and we so hold.

Sundstrand Corp. v. Commissioner

98 T.C. 518 · United States Tax Court · May 4, 1992

In the petitions petitioners claim the above repayments were made pursuant to renegotiations of Government contracts and, thus, qualify for the special provisions of sec. 1481, I.R.C. , for the years in suit. … On petitioner's request for progress payments (billings), indirect costs are calculated by applying established overhead percentages (billings rates) to other applicable costs.

Friedman v. Commissioner

72 T.C.M. 1559 · United States Tax Court · Dec 26, 1996

- 42 - the plastics recycling transaction was generally vague, qualified, and unconvincing. Friedman sought to establish that he monitored his investment in Clearwater. … In other First 14 (...continued) records fail to establish that they were qualified to analyze the Sentinel EPE recycler or the Plastics Recycling transactions.

Miller v. Commissioner

57 T.C.M. 1419 · United States Tax Court · Aug 28, 1989

The evidence in this case clearly indicates that George Senior intended to defraud the government. … Miller qualifies for innocent spouse relief under section 6013(e) and is not liable for the deficiency determined for 1974. Thus, petitioner Mary P.

Davis v. Commissioner

78 T.C.M. 178 · United States Tax Court · Jul 29, 1999

Garrison was a qualified and experienced appraiser and had no reason to doubt the values determined by Mr. Garrison. We fail to see how Mr. Garrison's alleged reputation establishes fraud on the part of Mr. … Conclusion After reviewing all of the facts and circumstances, we conclude that respondent has failed to prove clearly and convincingly that for 1976, 1984, or 1985 Mr.

Kaufman v. Commissioner

53 T.C.M. 1348 · United States Tax Court · Jul 21, 1987

Petitioners rely on the Rosen and Lewanda appraisals to establish fair market value. … The issue is not one of Rosen's being proffered and qualified as an expert in the technical sense. See LaCombe v.

O'Dowd v. Commissioner

35 T.C.M. 754 · United States Tax Court · May 27, 1976

to be taxed as a corporation pursuant to section 1361 and claiming that it was qualified to do so under the regulations, and these steps constituted the essential statutory requirements for an election, we conclude that … The statement shall give sufficient information to establish that the enterprise meets the qualifications set forth in section 1361(b) and sec. 1.1361-2.

GWA, LLC, George A. Weiss, Tax Matters Partner

United States Tax Court · Apr 16, 2025

Petitioner cannot plausibly contend that the basket securities un- derlying the Barrier Contracts qualified for this “Exception.” … For that exception to apply, GWA must establish that the basket securities (1) were not held in connection with its securities trading and (2) were clearly identified, on the date it acquired them, as hav- ing no connection

Ingram Indus. Inc. v. Commissioner

80 T.C.M. 532 · United States Tax Court · Oct 18, 2000

If a cylinder liner is not damaged and is qualified for further use, it is honed and cleaned for reuse. … Likewise, petitioners confirm that the INDOPCO holding did nothing to change the standards established by the pre-INDOPCO body of law that deals with repair and maintenance expenses.

Estate of Thomas A. Walsh v. Commissioner

6 T.C.M. 606 · United States Tax Court · May 29, 1947

Walsh except one qualifying share which was issued to Mr. Walsh. … It was clearly the right, if not the duty, of Mrs. Walsh as executrix of the estate to make an arrangement with Tom for the proper conduct of the business during the period of administration.

Ory Eshel & Linda Coryell Eshel v. Commissioner

142 T.C. 197 · United States Tax Court · Apr 2, 2014

Petitioners similarly try to establish a link with arti- cles 12 and 13, which coordinate periods of coverage. … The Embassy letter and the Teel declaration clearly state a position consistent with that adopted by the IRS in this litigation.

William Goddard

United States Tax Court · Sep 19, 2022

Respondent established that the NOPA letter package and the notice and demand letter were mailed to and received by LGD at the Von Karman office address. 11 The delivered letters themselves are clearly addressed to LGD and … clearly relate to the LGD penalties and its right to appeal.