Case law

Gampp v. Commissioner

62 T.C.M. 1141 · United States Tax Court · Nov 4, 1991

The expert testimony clearly establishes the sheer impracticability of mining only the enriched segments within blocks. … We believe that the record as a whole clearly establishes negligence on the part of petitioner so as to warrant the additions to tax under section 6653(a) , 6653(a)(1) and 6653(a)(2) as applicable.

O'Madigan v. Commissioner

19 T.C.M. 1178 · United States Tax Court · Oct 7, 1960

On July 24, 1953, a corporation, Dan O'Madigan, Inc., was incorporated under the laws of Delaware, and on July 31, 1953, it qualified under Missouri law. It is referred to hereinafter as the O'Madigan corporation. … The evidence does not establish that that amount was paid for anything other than the stock.

Kooyers v. Comm'r

88 T.C.M. 605 · United States Tax Court · Dec 20, 2004

During that visit, an acquaintance suggested to petitioners that they consider establishing trusts. … There must be a nexus between the expense and the business conducted by the trust to qualify for a tax deduction.

Saltzman v. Commissioner

68 T.C.M. 1544 · United States Tax Court · Dec 29, 1994

The costs of establishing ownership of a royalty interest are capital and the costs of establishing the taxpayer's share of accumulated royalties are ordinary. Boagni v. Commissioner, supra at 714-715 . … Good faith reliance on the advice of counsel or a qualified accountant can be a defense to the addition to tax for negligence. Ewing v.

Allen v. Commissioner

34 T.C.M. 242 · United States Tax Court · Feb 27, 1975

Consequently, there was a decided trend among the existing manufacturers to establish plants in these areas. … Among the intangibles which Sportcraft Homes obtained under the Lease were trade names, plans and drawings, established dealer relations and customer lists, the location of the plants, and a trained labor pool and qualified

Maimon v. Comm'r

2009 T.C. Summary Opinion 53 · United States Tax Court · Apr 20, 2009

Although petitioner claimed on his 2004 return that he was a statutory employee, he has acknowledged that he does not qualify as a statutory employee as defined in section 3121(d). I. … Intent of the Parties The parties clearly intended to create an employment relationship. The employment agreement expressly identified petitioner as an employee of DHN.

Kimberly R. Hale v. Commissioner

2018 T.C. Memo. 93 · United States Tax Court · Jun 26, 2018

In some situations, however, a joint return filer can avoid joint and several liability by qualifying for relief under section 6015. … The actions of which respondent complains may not have clearly violated any income tax laws.

ES NPA Holding, LLC, Joseph NPA Investment, LLC, Tax Matters Partner

United States Tax Court · May 3, 2023

Since we conclude ES NPA’s receipt of the class C units qualifies under Revenue Procedure 93-27, the question now becomes whether ES NPA has satisfied the underlying requirements of the revenue procedure; namely, whether … this Court and others have frequently adopted the proposition that an actual sale is more persuasive evidence of fair market value than an appraisal, so the proposition that an appraisal is necessary to validate a sale clearly

Baugh v. Commissioner

71 T.C.M. 2140 · United States Tax Court · Feb 21, 1996

Reliance on a qualified adviser will constitute reasonable cause only if the taxpayers have acted in good faith and have made full disclosure of all relevant facts to the adviser. … Line 1A of Schedule E, Supplemental Income and Loss, on the 1990 and 1991 returns and line 1B of Schedule E, Supplemental Income and Loss, on the 1992 return clearly state “DUPLEX - 414 & 414.5 MONROE ST” as the kind

South Coast Corp. v. Commissioner

4 T.C.M. 623 · United States Tax Court · Jun 11, 1945

We think this was clearly in error since in the computation petitioner is entitled to use the actual cost of the materials. … The burden was clearly upon the petitioner to establish the fact that the processing tax was not passed on to its customers.

Votsis v. Commissioner

55 T.C.M. 175 · United States Tax Court · Feb 23, 1988

Accordingly, Chris Votsis has not established the existence of these 1971 loans to our satisfaction. … Respondent's computations clearly reveal petitioners' pattern of substantially understating income during each year in issue.

Royal Crown Bottling Co. v. Commissioner

46 T.C.M. 1570 · United States Tax Court · Sep 28, 1983

Bridgeforth since the corporation had not adopted any qualified pension or profit sharing plan or qualified stock option plan. … The corporation's profitability over the years, despite its lack of a Coca Cola or Pepsi Cola franchise and other evidence of record, clearly establishes that Royal Crown of Winchester's business was well managed. 3.

CLARK-HERNANDEZ v. COMMISSIONER

2001 T.C. Summary Opinion 15 · United States Tax Court · Feb 20, 2001

Petitioner had receipts reflecting a birthday dinner for her fiancé where one other employee may have attended; thus, according to petitioner, it qualified as a business-related meal. … The exception clearly applies in situations where the dwelling unit is the sole fixed location of the trade or business.

Barrow Mfg. Co. v. Commissioner

19 T.C.M. 195 · United States Tax Court · Mar 15, 1960

At the meeting of June 16, 1947, a qualified but "optimistic hope" of starting the building in early 1948 was expressed by the president. No *256 detailed plans were made, and no subsequent action date was determined. … Here, however, the record clearly shows that the problem was not significantly one of accumulating liquid funds in the years in question.

Martin Ice Cream Company v. Commissioner

110 T.C. No. 18 · United States Tax Court · Mar 17, 1998

Wegener stated that, in the wake of those negotiations, Häagen-Dazs “clearly * * * [had its] work cut out concerning the financial issues raised by Section 4.5 of the proposed agreement.” Mr. … Petitioner presented no evidence to establish the adjusted basis of assets transferred to SIC in the section 351 exchange.

Perlman v. Commissioner

6 T.C.M. 1120 · United States Tax Court · Oct 23, 1947

Petitioners were named and qualified as executors without bond January 19, 1935. … The discussion on this matter went on over a period of years, as petitioners were afraid of losing the good will established under the old name.

BAKER ENTERPRISES v. COMMISSIONER

76 T.C.M. 301 · United States Tax Court · Aug 19, 1998

Unlike section 1221, the qualifying language of section 1031 omits the phrase "to customers in the ordinary course of his trade or business". … Petitioner points out that many properties that were clearly held for investment (such as fast-food stores) were listed under the work-in-progress category.

Palo Alto Town & Country Village, Inc. v. Commissioner

32 T.C.M. 1048 · United States Tax Court · Oct 10, 1973

Respondent's allocation more clearly reflects the income of the two corporations since Town & Country had already owned 70 percent of the timber sold to Commander and Town & Country had established the sources of supply of … Thus, (e) (1) makes clear that subsection (a) may not be relied upon to disallow deductions for "business meals" that qualify under (e) (1).

Reisman v. Commissioner

79 T.C.M. 2075 · United States Tax Court · May 25, 2000

The only issue for decision1 is whether a $350,000 payment 1 Petitioners paid $38,533 in legal fees in 1994, which the parties have stipulated will qualify as a miscellaneous expense on Schedule A, Itemized Deductions … - 13 - have failed to establish which portion, if any, was paid to settle tort type claims for personal injuries.

Spurgin v. Comm'r

82 T.C.M. 841 · United States Tax Court · Nov 2, 2001

Clearly, this is not the case with you. Should you have any further questions, please feel free to contact me. … The mere passage of time does not establish error or delay in performing a ministerial act. Scott v. Commissioner, T.C. Memo. 2000-369; Hawksley v. Commissioner, T.C. Memo. 2000- 354.