Case law

Pitcher v. Commissioner

84 T.C. 85 · United States Tax Court · Jan 23, 1985

Although Congress, as respondent maintains, did generally approve of the Guidelines in 1976, it clearly indicated that declaratory judgment relief for taxpayers issued adverse rulings under section 367 was necessary because … YPI clearly needed capital in order to continue profitable operations, and the management of YPI decided that a public offering was the optimal approach.

Bottome v. Commissioner

58 T.C. 212 · United States Tax Court · May 3, 1972

Thus, he qualifies under the statutory language of section 911 (c) (1) (B) set out in footnote later. … He argues that if the earned income were not subject to community property law, then, he clearly could exclude up to the limit.

Stanford v. Commissioner

34 T.C. 1150 · United States Tax Court · Sep 30, 1960

Petitioners have not established that the pension payments were received in lieu of further payments by Kaufhof for petitioner’s stock. … The respondent correctly points out, however, that the petitioners were not citizens of the United States at the time the income was earned and therefore fail to qualify under section 911 (a)(1).

Durkin v. Commissioner

87 T.C. 1329 · United States Tax Court · Dec 22, 1986

Clearly, the occurrence of the conversion events was, while not certain, very likely. … The larger amount clearly exceeded the fair market value of the rights the partnerships received.

Holmes v. Commissioner

5 T.C. 1289 · United States Tax Court · Dec 21, 1945

That the residuary legatee qualifies as a charitable institution under the above section, is not questioned by the respondent. … Clearly, this presented no fixed standard such as was present in the Ithaca Trust Co. case. The term “proper” is not one of exactitude.

Don E. Williams Co. v. Commissioner

62 T.C. 166 · United States Tax Court · May 14, 1974

Petitioner has a profit-sharing plan which has been “qualified” since 1964. … (However, the. transition rules, described below, establish special rules regarding certain debt instruments held by the trust on August 21, 1073.)

The David and Barbara Green 1993 Dynasty Trust, Mart D. Green, Trustee

United States Tax Court · Oct 2, 2025

The Notices of Deficiency determined that no deductions should be allowed with respect to the Contributed Artifacts because “[i]t has not been established that all the requirements of section 170 . . . have been satisfied … If the burden of persuasion at trial would be on the nonmoving party, the movant may carry this burden by demonstrating to the Court that the nonmoving party’s evidence is insufficient to establish an essential element of

Alves v. Commissioner

79 T.C. 864 · United States Tax Court · Nov 18, 1982

In addition, it was deemed advisable in order to enable this corporation to obtain qualified employees or directors and to permit this corporation to compete with other companies for the services of qualified and competent … Congress, in the quoted legislative history, has clearly expressed the intention that section 83 is to have the broadest application.

Ohio County & Independent Agriculture Societies v. Commissioner

43 T.C.M. 1126 · United States Tax Court · Apr 21, 1982

Since petitioner is exempt from tax under section 501(c)(3) , it is clearly an organization subject to a tax on its unrelated business taxable income *560 5 unless it has constitutional immunity from Federal taxation or its … Gerhardt, 304 U.S. 405 , 414-415 (1938) .This immunity is not limitless.

Edward L. Berman & Ellen L. Berman

United States Tax Court · Jul 16, 2024

Lawrence ESOT was established pursuant to the E.M. Lawrence ESOP and subject thereto.  8 B. 2002 Returns 1. … Moreover, in view of Congress’s clearly expressed intent that an election out of section 453 should entail reporting the amount realized as includible in gross income, see S. Rep.

PNC Bancorp, Inc. v. Commissioner

110 T.C. 349 · United States Tax Court · Jun 8, 1998

Expenditures which otherwise might qualify as currently deductible must be capitalized if they are incurred in the acquisition of a separate and distinct asset regardless of their recurring nature. … However, section 446(b) provides in effect that if the taxpayer’s method does not clearly reflect income, the Secretary may redetermine and recompute the taxable income under a method which, in his opinion, does clearly reflect

Newman v. Commissioner

68 T.C. 433 · United States Tax Court · Jun 29, 1977

The New York State Employees’ Retirement System was established for the payment of retirement allowances and other benefits to members. … The judicial interpretations and legislative history of the Postal Savings System clearly show that one primary purpose of the System was the establishment of a fund to be "held in reserve for emergency use of the government

Bentley Laboratories, Inc. v. Commissioner

77 T.C. 152 · United States Tax Court · Jul 30, 1981

However, petitioner has failed to establish that at the end of the first 10 months of the DISC’S fiscal year (Nov. 30) it was not reasonably ascertainable whether grouping would be elected, and it has also failed to establish … setting forth adjustments in petitioner’s income computed under the method described above, the deficiency notices also made an alternate determination that under the accrual method of accounting or sec. 482 "in order to clearly

MidAmerican Energy Co. v. Commissioner

114 T.C. 570 · United States Tax Court · Jun 30, 2000

In the annual PGA filing, projected gas costs are established and incorporated into the approved tariff rates. … If such method of accounting does not clearly reflect income, “the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income.” Sec. 446(b).

Estate of Jaecker v. Commissioner

58 T.C. 166 · United States Tax Court · Apr 27, 1972

The sole issue for determination is whether the remainder interests in three trusts established by the will of the decedent qualified for a charitalble deduction pursuant to section 2055 1 where the trustees of each of the … The beneficiaries in this case clearly attempted to disclaim a portion of a severable gift.

Morris v. Commissioner

70 T.C. 959 · United States Tax Court · Sep 18, 1978

. & S.A., cotrustees of trust established by Article Four of Will of Steven J. MacArthur .10260-75 1969 10,392.01 Judith A. … . & S.A., cotrustees of trust established by Article Four of Will of Steven J. MacArthur .10261-75 1971 16,065.00 Judith A.

Church of Scientology v. Commissioner

83 T.C. 381 · United States Tax Court · Sep 24, 1984

The establishment clause does not cloak a church in utter secrecy, nor does it immunize a church from all governmental authority. … Ron Hubbard FOUNDER This policy letter clearly establishes that payments, other' than salary and royalties, were being made by petitioner to L. Ron Hubbard under the guise of debt repayments.

Turem v. Commissioner

54 T.C. 1494 · United States Tax Court · Jul 16, 1970

Administration as county function; establishment of county department. … The payments were therefore clearly in the nature of compensation, the “quo” in the “quid- pro quo” exchange to which regulations section 1.117-4(c) is addressed. See Bingler v. Johnson, 394 U.S. 741, 757 .

Helms Bakeries v. Commissioner

23 T.C. 967 · United States Tax Court · Mar 11, 1955

Assuming, but not deciding, that the economic circumstances which petitioner contends acted as a depressant to its average base period net income qualify petitioner for relief under section 722 (b) (2), we are nevertheless … The evidence establishes, in our opinion, that productive capacity did not operate materially to restrict petitioner’s sales during the first two base period years, 1936 and 1937.

ESTATE OF WALSH v. COMMISSIONER

110 T.C. 393 · United States Tax Court · Jun 15, 1998

Walsh and the decedent established a revocable trust named the Dorchar Trust Agreement (the trust), and they transferred most of their assets to the trust. … The estate asserts that the agreement states clearly that the intent of the trust’s settlors was to qualify Trust A for the marital deduction.