Case law

CHRISTENSEN v. COMMISSIONER

82 T.C.M. 286 · United States Tax Court · Jul 23, 2001

Hulse to explain the Blythe II investment to them, which would seem particularly important given the fact that petitioners clearly did not carefully scrutinize the offering themselves. … Accordingly, petitioners failed to establish that their reliance on the advice of Mr. Hulse was reasonable or in good faith. See Glassley v. Commissioner, supra.

Schouten v. Commissioner

61 T.C.M. 2357 · United States Tax Court · Apr 8, 1991

To qualify for deduction, a development expense must be incurred after the disclosure of commercially marketable quantities of ore. Santa Fe Pacific Railroad Co. v. United States , supra at 75 ; Anderson v. … Clearly, Mine-Rite received no net income in the economic sense in those years.

NILSEN v. COMMISSIONER

82 T.C.M. 7 · United States Tax Court · Jul 3, 2001

Respondent’s determinations in a notice of deficiency are presumed correct, and petitioners must establish otherwise. See Rule 142(a); Welch v. … Petitioners appear to  - 23 - argue that the Blythe II deduction was clearly indicated on their 1982 return.

Estate of Eleanor R. Gerson, Allan D. Kleinman v. Commissioner

127 T.C. No. 11 · United States Tax Court · Oct 24, 2006

ARTICLE III of the Eleanor Gerson Trust established the Grandchildren’s Trust. … * * * If we find that the statutory language is unambiguous, then that language is regarded as conclusive unless there is a clearly expressed legislative intent to the contrary”); Ohio Power Co. v.

City of Columbus, Ohio v. Commissioner

106 T.C. No. 17 · United States Tax Court · May 14, 1996

In 1967, in exchange for the assumption of P's accrued unfunded pension obligation by a fund established for that purpose by the State of Ohio, P incurred a long- term obligation to the State Fund. … Under this rule, for example, the purchase of an annuity contract to fund a pension plan of a qualified governmental unit would be subject to the same arbitrage restrictions as would direct funding of

Moore v. Comm'r

93 T.C.M. 1275 · United States Tax Court · May 30, 2007

Clearly, where the profit represents only the appreciation which took place during the period of occupancy as a personal residence, it cannot be said that the property was “held for the production of income … Petitioners’ argument ignores established principles of Georgia law, which provide that contractual provisions may be waived by the mutual consent of the parties to the contract, and that such consent may be established

American Stores Company and Subsidiaries v. Commissioner

114 T.C. No. 27 · United States Tax Court · May 26, 2000

Income tax deductions are a matter of legislative grace, and the burden of clearly showing the right to the claimed deduction is on the taxpayer. See Rule 142(a); INDOPCO, Inc. v. … American Stores was not defending an existing business structure from attack; rather it was attempting to establish its right to create such a structure.

Estate of Moor v. Commissioner

43 T.C.M. 1530 · United States Tax Court · May 27, 1982

For instance, assume the facts of the present case except that life annuitant of Trust B-2 instead of being 58 years old is only 40. 9 The charity's interest in our hypothetical can clearly be ascertained and valued. … Moor Trust was directed to establish such trusts, yet as a practical matter it would obviously take a period of time before these trusts and the other trusts which decedent directed be established could be funded.

Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation v. Commissioner

110 T.C. No. 25 · United States Tax Court · May 21, 1998

Commissioner, supra, while analogous, is clearly distinguishable from the case at hand. … Therefore, Petroleum qualifies as an independent producer for the taxable years in issue. Issue 3.

Dunn v. Comm'r

100 T.C.M. 203 · United States Tax Court · Sep 13, 2010

For the years at issue DPM claimed airplane expenditures ranging from $150,478 to $175,502.13 Clearly, these large airplane expenditures were not wholly attributable to the approximately 20 flights that petitioner … He has failed to substantiate, however, that any such investigatory expenses relating to new investment opportunities rather than to the maintenance of existing investments qualify for deduction under section 212.

Human Engineering Institute v. Commissioner

37 T.C.M. 619 · United States Tax Court · Apr 13, 1978

The facts of this case clearly establish that HEI was operated, if not organized, for, inter alia, a commercial purpose, *413 i.e., the pecuniary benefit of petitioners Joseph S. Kopas and Mary E. … The close relationship between the lessor-petitioners, Kopas, and the lessee-petitioner, HEI, is clearly established and there is no evidence of arm's length dealing between them relative to the properties in question.

Herter v. Commissioner

20 T.C.M. 78 · United States Tax Court · Jan 27, 1961

Nevertheless, they recognized the fact that they would be unable to use the alternating current electrical system placed in the building during the tenancy of the City of New York since it would not qualify for a New York … both the managers of the building and the petitioner had consistently over a long period of time followed the accounting method of deducting commissions on long-term leases in the year in which paid and that such system clearly

United Title Ins. Co. v. Commissioner

55 T.C.M. 34 · United States Tax Court · Feb 4, 1988

Petitioner has clearly established the business purposes of its out-of-state board meetings and planning conference as required by section 274(d). … The record establishes that Hinton was reasonably qualified to render legal advice on real estate matters to a title insurance company.

Lytle v. Commissioner

63 T.C.M. 2578 · United States Tax Court · Mar 30, 1992

. *220 Clearly petitioner was not an "abandoned" spouse in the ordinary sense of the word "abandoned". Mr. … She did not introduce any corroborating evidence establishing that she was employed by Bristow during 1983 or early 1984.

Pierce v. Commissioner

74 T.C.M. 572 · United States Tax Court · Sep 16, 1997

Furthermore, the taxpayer in Atlantic Coast Realty failed to show that the inventorying of real estate was an established and accepted accounting practice. … chooses that does clearly reflect the taxpayer’s income”.

John F. Boyle Co. v. Commissioner

3 T.C.M. 1335 · United States Tax Court · Dec 29, 1944

Boyle, Jr. owned 1,248 shares, two qualifying shares being held by others. The salary paid John F. Boyle, Jr. by petitioner during the years 1933 to 1939, inclusive, was $15,000 per annum. … We think the position of petitioner in the taxable years 1938 and 1939 as regards its quick assets when considered in connection with other established facts clearly demonstrates that its earnings and profits for those years

Kaempfer v. Commissioner

63 T.C.M. 1765 · United States Tax Court · Jan 8, 1992

Phelps Realty wanted to exchange the Subject Property with petitioner for another property so that the transfer would qualify for nonrecognition treatment under section 1031 . … Given the terms of the amendment, 1980 is clearly the correct date. ↩ 2. Respondent contends that the $ 250 per day increase was meant to approximate the daily increase in the value of the Subject Property.

Estate of Elizabeth A. Wilson v. Commissioner

10 T.C.M. 750 · United States Tax Court · Aug 7, 1951

Regenold is the duly appointed, qualified and acting executor of the decedent's estate. … It established stores in the various areas where it held land, which stores made sales to the general public as well as to employees of the company.

Estate of Shoemaker v. Commissioner

47 T.C.M. 1462 · United States Tax Court · Apr 5, 1984

Wilder, qualified as executors of his estate. The two co-executors also reside in the State of New York. Decedent's residence at the time of his death was located on the east shore of Keuka Lake. … The handwriting on both deeds is at least superficially similar and it clearly is not decedent's since decedent printed where legibility was required. Although there is no direct evidence that Mr.

Wheadon

64 T.C.M. 1172 · United States Tax Court · Oct 27, 1992

Respondent argues that petitioner has not established (1) that the property qualifies for an investment tax credit, (2) that petitioner is entitled to any investment tax credit with respect to such property, and (3) that … The evidence before us, namely the District Court's findings of fact, clearly reveals that these understatements were substantial.