Case law

Telfeyan v. Commissioner

56 T.C.M. 96 · United States Tax Court · Sep 7, 1988

These four elements must be established for each separate expenditure. Sec. 1.274-5(c)(1), Income Tax Regs. … However, they failed to present other evidence satisfactorily establishing the business purpose of the receipts submitted.

Leisner v. Commissioner

36 T.C.M. 864 · United States Tax Court · Jul 5, 1977

of Taxation would not be needed if a state tax court were established. … Clearly, and petitioner does not argue to the contrary, this was petitioner's primary business.

Hudlow v. Commissioner

30 T.C.M. 894 · United States Tax Court · Aug 30, 1971

Hudlow's *221 own testimony with respect to the latter item, "we attempted to use it but did not have anybody qualified to use it and could not justify the cost of using it." … The cost of the work performed on the trucks to get them operating again each time they broke down might have qualified as repair expenses; but the amount involved here represented the replacement of major parts, not just

Piggy Bank Stations, Inc. v. Commissioner

44 T.C.M. 299 · United States Tax Court · Jun 28, 1982

The taxpayer has the burden of establishing the debt characterization. See, e.g., Jewell Ridge Coal Corporation v. Commissioner , 318 F.2d 695 (4th Cir. 1963) , affg. a Memorandum Opinion of this Court; Gilbert v. … There the plan is described as a profit-sharing plan qualified under section 401. 2 In the absence of facts to the contrary, we will assume that the plan continued as a qualified profit-sharing plan up to its termination

Gurdin v. Comm'r

53 T.C.M. 14 · United States Tax Court · Feb 3, 1987

businesses but others were established at Harry's suggestion. … The deposition primarily sought to qualify Harry as an expert in various phases of the entertainment industry including the movies. ↩ 23. The "Stipulation of Facts" filed is a misnomer.

Zand v. Commissioner

71 T.C.M. 1758 · United States Tax Court · Jan 23, 1996

Some meetings, entertainment, and expenses reflected in the diaries are clearly personal. … The issue is whether Tara qualified as petitioner's dependent during those years.

Rameau A. and Phyllis A. Johnson v. Commissioner

108 T.C. No. 22 · United States Tax Court · Jun 16, 1997

The accumulation and conservation of the trust fund was clearly a matter of concern to the Dealerships. … Section 446(b) provides that if the method of accounting used by the taxpayer does not clearly reflect income, the computation of taxable income shall be made under such method as, in the Commissioner's opinion, does clearly

Giles v. Comm'r

89 T.C.M. 770 · United States Tax Court · Feb 17, 2005

that the claimed expenses were incurred or, if incurred, paid by you during the taxable year for ordinary and necessary business purposes or that any claimed amount qualifies as an allowable deduction under the provisions … Petitioner asserts that she performs almost all of the work in the horse activity and that she spends 30 hours a week working in this activity.20 Petitioner concludes that this factor “clearly” weighs “heavily” in her

Erhard v. Commissioner

62 T.C.M. 1 · United States Tax Court · Jul 1, 1991

Erhard continued as the primary developer of the training and he decided when a particular trainer was qualified or capable of leading the training. … Moreover, the record clearly shows that the money movement technique made possible a group of transactions with a total value far in excess of the actual cash involved.

Carter v. Comm'r

93 T.C.M. 861 · United States Tax Court · Feb 6, 2007

Cochran determined that petitioners did not qualify for an offer-in-compromise. … Cochran abused her discretion by establishing a timeframe for the section 6330 hearing and the submission of information. 4.

Westby v. Comm'r

88 T.C.M. 80 · United States Tax Court · Aug 3, 2004

The record in this case establishes that petitioner maintained an active law practice during the years at issue. … Although petitioner alluded to the fact that respondent did not examine the NOLs during his examination of the years at issue,  - 81 - petitioner did not clearly testify that she produced

Girard v. Commissioner

68 T.C.M. 1148 · United States Tax Court · Nov 2, 1994

Where a taxpayer fails to keep records, or where the records do not accurately reflect income, "the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income … For 1989, in addition to being a student, the child of the taxpayer must also be under 24 years of age at the close of the taxable year to qualify under sec. 151(c) ↩ . 2.

Harp v. Commissioner

72 T.C.M. 401 · United States Tax Court · Aug 19, 1996

In order for funds obtained from another person to qualify for exclusion from income because the taxpayer was in essence a borrower from that person who was in essence a lender, there must be an "agreement between the … Commissioner, 93 T.C. 181, 195 (1989), and that assertion because they are clearly contrary to facts disclosed by the record.

Ryan v. Commissioner

75 T.C.M. 1778 · United States Tax Court · Feb 12, 1998

Attorney's Office in exchange for immunity from further criminal prosecution. … Ryan used the phrase "I believe" to qualify many of his answers with respect to the Rizzo search.

General Motors Corporation and Subsidiaries v. Commissioner

112 T.C. 270 · United States Tax Court · May 25, 1999

Sale of a Car When a participating independent GM dealer sold a qualifying vehicle to a retail customer under a retail rate support program, the customer could elect to make a cash downpayment and finance the balance … The GM group's treatment of the rate support deductions and the discount income clearly reflected its tax liability.

Phillips v. Commissioner

73 T.C.M. 2296 · United States Tax Court · Mar 17, 1997

Section 183(b)(1), however, qualifies the general rule by allowing those deductions otherwise allowable regardless of profit objective, e.g., State and local taxes. … Alternatively, respondent argues that petitioners did not establish that they consulted experts one-on-one regarding the business aspects of raising horses.

Fink v. Commissioner

43 T.C.M. 1452 · United States Tax Court · May 24, 1982

On the other hand, her sale to Touchett on August 1, 1973, locked in the price of $ 15 a share for petitioner, which was clearly to her advantage. … Touchett's loans, in amounts exceeding the $ 502,635 which petitioner would have realized from her 33,509 shares pledged with the M & S Bank, there was no possibility of negotiating a sale from petitioner to Newell which would qualify

Garcia v. Commissioner

56 T.C.M. 1457 · United States Tax Court · Mar 16, 1989

On the taxpayer's returns for both 1972 and 1973 the alleged theft losses claimed were clearly identified. … and convincingly established that some part of the underpayment during each year at issue was due to fraud.

Mark Feathers & Natalie E. Feathers

United States Tax Court · Sep 23, 2024

Feathers, and the corporation’s general ledger clearly identified the check numbers and the name of the recipient. These matched SBCC’s tax returns and the amounts the corporation had deducted. … We cannot find on the basis of this thin testimony that the accountants were provided with all the information necessary to prepare the returns or even that the accountants were qualified.

Presley v. Comm'r

38 T.C.M. 1301 · United States Tax Court · Aug 27, 1979

However, where there are no conflicting claims for an exemption, and where the evidence clearly establishes that the taxpayers claiming the exemption provided all of the dependenths support, it is not essential that the taxpayers … Moreover, such payments are clearly insufficient to establish a pattern of omissions of substantial amount of income. Holland v. United States, supra ; Adler v.