Case law

Jaeger Motor Car Co. v. Commissioner

17 T.C.M. 1098 · United States Tax Court · Dec 31, 1958

This testimony is clearly contradicted by the record of entries into the box. … The financial statements clearly buttress respondent's determination rather than refute it.

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.

Landow v. Comm'r

102 T.C.M. 88 · United States Tax Court · Jul 25, 2011

On a date not established by the record, NY Medical established the New York Medical, Inc., Employee Stock Ownership Trust (NY Medical ESOP) that was to be effective on January 1, 2000. … At a time not established by the record between July and November 2000, NY Medical and Mr.

Estate of Warren H. Poley, Longstreth v. Commissioner

6 T.C.M. 288 · United States Tax Court · Mar 7, 1947

Longstreth is the duly qualified executrix of the testator. The Federal estate tax return was filed with the collector of internal revenue at Philadelphia, Pennsylvania. … When compared with the steady and substantial earnings record, the book value is clearly lower than the actual value. The earnings record of the corporation was excellent and the financial position was sound.

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

Beech Trucking Company, Inc., Arthur Beech, Tax Matters Person v. Commissioner

118 T.C. No. 27 · United States Tax Court · May 23, 2002

Moreover, the record does not always clearly distinguish the roles of Beech Trucking and ATS with respect to the drivers’ activities. … Clearly, the drivers’ work was part of the regular business of Beech Trucking.

Hayes v. Commissioner

34 T.C.M. 976 · United States Tax Court · Jul 7, 1975

The primary *153 issue for our decision is whether the petitioner qualifies as an "innocent spouse" pursuant to section 6013(e) 1 so that she may be relieved of liability for tax. … It would clearly be inequitable to hold the petitioner liable for the deficiencies attributable to the unreported business income of her husband.

Taylor v. Commissioner

19 T.C.M. 563 · United States Tax Court · May 27, 1960

McDaniel to qualify her as secretary of Publishing Company. … The record clearly establishes, however, that the $420,000 was not paid by Hall, but was paid by Publishing Company for the purchase of petitioner's stock in that company.

Heltzer v. Commissioner

62 T.C.M. 518 · United States Tax Court · Aug 19, 1991

s short Comex positions were established. c. … Section 1031 Petitioner argues that his EFP transaction qualifies as a tax-free exchange of like-kind property under section 1031 .

Louis A. and Christine Cox v. Commissioner

126 T.C. No. 13 · United States Tax Court · May 3, 2006

Second, from a practical standpoint, the law clearly permits multiple collection hearings with respect to a given period to be conducted by the same Appeals officer when that period is, for example, the subject of multiple … In conclusion, the facts of these cases do not establish any abuse of discretion.

Ann Marie Minihan, and John J. Minihan, Jr., Intervenor v. Commissioner

138 T.C. 1 · United States Tax Court · Jan 11, 2012

for relief and an overpayment exists as a result of the innocent spouse qualifying for such relief.’’ … Her interest’s survival of the levy Under Nat’l Bank of Commerce, the IRS clearly has the right to levy on a delinquent taxpayer’s joint bank accounts

Edwards Industries, Inc. v. Commissioner

33 T.C.M. 569 · United States Tax Court · May 9, 1974

It is well established, as the respondent admits, that a taxpayer engaged in the real estate business may also hold real property as an investment. Randolph D. … As the former she clearly had an interest in the exercise of the option and should have known of any modification of the option claimed by the petitioner.

Newman v. Commissioner

43 T.C.M. 474 · United States Tax Court · Feb 10, 1982

The facts clearly establish an understanding between petitioner and Ingram that the advance was to be regarded as a loan until such investment came into fruition. … The parties clearly understood and desired that the payments would be so applied.

McNeil v. Comm'r

101 T.C.M. 1718 · United States Tax Court · Jun 28, 2011

in the notice of deficiency at docket No. 4176-10, respondent also determined that petitioner received $33 in dividends in 2006, $16,829 from an individual retirement account in 2007, $25 in interest in 2007, and $40 in qualified … Section 6651(a)(1) Addition to Tax Section 6011 generally requires any person liable for tax to make a return when required, and to set forth fully and clearly the information required to be included on the return

Tetz v. Commissioner

58 T.C.M. 1211 · United States Tax Court · Jan 16, 1990

Relatively few sailors are qualified to charter a 42-foot yacht. In 1985 petitioners switched from Club Nautique to Dave Garrett Sailing, another membership and charter club. … Although yachting clearly provides the potential for personal pleasure or recreation, petitioners did not purchase or use the yacht for personal pleasure or recreation.

M. J. Laputka & Sons, Inc. v. Commissioner

43 T.C.M. 177 · United States Tax Court · Dec 28, 1981

On all the evidence here, this income was clearly solicited by and paid to the corporate petitioner. … Normally, a theft loss otherwise qualifying for deduction is deductible in the year in which the loss is sustained. Sec. 1.165-1(d)(3), Income Tax Regs.

CRSO v. Commissioner

128 T.C. No. 12 · United States Tax Court · Apr 30, 2007

Petitioner contends that under well-established criteria for determining a trade or business, as applied in Commissioner v. … Alternatively, petitioner argues that even if its rental activity is deemed to be a “trade or business” under section 502(a), it qualifies for the section 502(b)(1) exclusion.

BISHOP v. COMMISSIONER

81 T.C.M. 1484 · United States Tax Court · Apr 4, 2001

Office expenses of the type claimed by petitioner, e.g., postage, if paid or incurred during the taxable year in carrying on any trade or business, can qualify as deductible section 162(a) expenses. … Unless there is (1) a clearly stated business purpose for a restaurant meal expense, (2) the item is included in Randall’s daily planner, thereby supporting the claimed business purpose, and (3) the expenditure is verified

Cathy Marie Lantz v. Commissioner

132 T.C. No. 8 · United States Tax Court · Apr 7, 2009

Also, to qualify for relief under section 6015(b) or (c), the requesting spouse must make an election not later than 2 years after the Commissioner has begun a collection action. … Clearly, the timing of the request for relief is not the only possible element by which subsection (f) relief would be broader than that of subsection (b) or (c).

Richardson v. Comm'r

91 T.C.M. 981 · United States Tax Court · Apr 11, 2006

The totality of the record also clearly establishes that the entities that petitioners attempted to interpose between themselves and those receipts were not worthy of credence. … Richardson does not qualify for relief from joint and several liability under section 6015(b)(1). As a final note, Mrs. Richardson does not seek equitable relief under section 6015(f).