Case law

BECK v. COMMISSIONER

82 T.C.M. 738 · United States Tax Court · Oct 9, 2001

However, the statute requires that the separate structure be used exclusively for business purposes in order to qualify for the deduction. Mr. … Although respondent is not required to establish fraud beyond a reasonable doubt, the "clear and convincing" standard requires that he establish fraud by more than a preponderance of the evidence. Kellett v.

Smith v. Commissioner

22 T.C.M. 1146 · United States Tax Court · Aug 23, 1963

Still another factor which tends to establish the existence of a trade or business as opposed to a mere liquidation and that sales were made in the ordinary course of petitioners' trade or business is a making of further … In our opinion both cases are clearly distinguishable.

Epic Assocs. 84-Iii v. Comm'r

81 T.C.M. 1311 · United States Tax Court · Mar 19, 2001

Respondent disallowed qualified investment income of $217,619 and qualified investment expenses of $872,376 claimed in 1984. … Certain other factors do not clearly indicate that the advances were either debt or equity.

Alamo Found. v. Commissioner

63 T.C.M. 2422 · United States Tax Court · Mar 18, 1992

The *162 articles of incorporation therein provided that petitioner was organized under section 501(c)(3), generally, to establish, conduct, and maintain an Evangelistic Church, to carry on and to conduct schools for the … Based upon this authority, the existence of a substantial nonexempt purpose, regardless of the coexistence of an exempt purpose, precludes an organization from qualifying under section 501(c)(3).

Williams v. Commissioner

68 T.C.M. 1172 · United States Tax Court · Nov 3, 1994

"The Court will not permit a party to a stipulation to qualify, change, or contradict a stipulation in whole or in part, except that it may do so where justice requires." Rule 91(e). … Petitioner is clearly liable for additions to tax under section 6651(a)(1) for these years.

Thousand Oaks Residential Care Home I, Inc. v. Comm'r

105 T.C.M. 1056 · United States Tax Court · Jan 14, 2013

Petitioners’ opening brief agrees that “a conflict of interest clearly existed”. … Section 4972 imposes a 10% tax on any nondeductible contributions to qualified employer plans. See Citrus Valley Estates, Inc. v.

Cohen v. Commissioner

42 T.C.M. 312 · United States Tax Court · Jul 2, 1981

Procter & Gamble , 356 U.S. 677 , 681 (1958) . 2 *419 In 1945, the established tradition of grand jury secrecy was codified in Rule 6(e) of the Federal Rules of Criminal Procedure , 3 which provides generally that disclosure … The IRS clearly recognized this constraint on many occasions prior to the initial efforts to acquire even a limited 6(e) order in 1975.

LKF X Invs., LLC v. Comm'r

98 T.C.M. 128 · United States Tax Court · Aug 25, 2009

established position of the  - 31 - Court of Appeals. … Acquisitions by LKF X Investments, L.L.C. will be adjusted to reflect clearly the partnership’s or purported partners’ income. 4.

Montgomery v. Comm'r

85 T.C.M. 985 · United States Tax Court · Mar 5, 2003

- 7 - Respondent attempts to distinguish Bent from the present case, arguing in part that Schleier stands for the proposition that damages received for economic injury do not qualify … for the section 104(a)(2) exclusion, and that this Court’s holding in Bent that lost wages may be a measure of personal injury “has clearly lost its vitality” following Schleier.

Gill v. Commissioner

70 T.C.M. 120 · United States Tax Court · Jul 24, 1995

The Gold'n Plump family of "Partners" invites your application to see if you qualify. In doing so you will join a growing family of hundreds of profitable happy farmers who have secure, stable futures ahead of them. … INDEPENDENT JUDGEMENT: Directed by established objectives which clearly define when and what is to be accomplished but the employee may determine how.

BECK v. COMMISSIONER

82 T.C.M. 347 · United States Tax Court · Jul 30, 2001

Beck  - 4 - qualifies for relief pursuant to section 66(c); (6) whether petitioners are liable for additions to tax pursuant to section 6651(a)(1) for failure to file timely returns; (7) … Beck clearly was aware that Dr. Beck’s dental practice was an income- producing activity. Mrs. Beck occasionally worked in Dr. Beck’s office, often called the office to determine how much money Dr.

Mikel A. Brown, Sr. & Debra A. Brown v. Commissioner

2019 T.C. Memo. 69 · United States Tax Court · Jun 10, 2019

But to qualify as a designation, it must clearly identify the payment of a rental allowance as distinct from a salary or other compensation. Kizer v. Commissioner, T.C. … Glenshaw Glass Co., 348  - 24 - [*24] U.S. 426, 431 (1955) (broadly construing gross income as “undeniable accessions to wealth, clearly realized, and over which the taxpayers have

Dobbs v. Commissioner

53 T.C.M. 1416 · United States Tax Court · Jul 23, 1987

If petitioner had considered the transaction from a profit motive standpoint aside from the tax savings it seems logical that he would have consulted a qualified expert with respect to the residual value of the equipment … While we consider the facts in this case to clearly show that petitioner's computer equipment transaction lacked business purpose and economic substance, we found certain computer leasing transactions involved in other cases

Giles v. Comm'r

91 T.C.M. 684 · United States Tax Court · Jan 31, 2006

Petitioner invested the $20,000 in an individual retirement account, which is clearly not related to her horse activity. … Her experience is sufficient to qualify her as an expert in the Arabian horse field. However, we find that Ms. Esler’s expert report does not provide reliable valuations of petitioner’s horses.

Bronson v. Commissioner

65 T.C.M. 2791 · United States Tax Court · May 25, 1993

Petitioner bears the burden of establishing that the negligence addition to tax does not apply. We concluded in Bronson I that Mr. … Section 6013(e) 7 relieves a spouse of all or part of the joint return liability if certain requirements are met. *260 In order to qualify for relief for the years in issue, petitioner must show that: (1) Mr.

Vianello v. Comm'r

99 T.C.M. 1080 · United States Tax Court · Feb 1, 2010

That action establishes petitioners’ interest, not in establishing a trade or business of acquiring loans, but in preserving the opportunity to collect against other property owned by the DuPonts. … Moreover, the 2005 agreement between petitioners and the DuPonts to pay the judgment and suspend collection clearly indicates that the 2005 and 2006 payments were made in satisfaction of the

Baine P. and Mildred C. Kerr v. Commissioner

113 T.C. No. 30 · United States Tax Court · Dec 23, 1999

Nevertheless, considering the unambiguous terms of section 8.20, it would have been reasonable to expect that petitioners would clearly document the admission of the Kerr children as general partners of KFLP by way … Read as a whole, the language used in the “Assignment of Partnership Interest” establishes that petitioners transferred limited partnership interests to themselves as the GRAT’s trustees.

Carroll v. Commissioner

79 T.C.M. 2139 · United States Tax Court · Jun 23, 2000

We have not been convinced that these were any more than half-hearted inquiries, or that any of these other individuals were qualified to opine on the profitability of the transaction. See id. … The tax-motivated increased rate of interest is therefore clearly applicable.

Goldberg v. Commissioner

13 T.C.M. 1207 · United States Tax Court · Dec 31, 1954

The customers of such establishments operated the machines by inserting coins therein. The money thus collected was divided between petitioner and the owners of the establishments pursuant to agreement between them. … Although failure to report income, standing alone, may be insufficient to establish fraud, James Nicholson, 32 B.T.A. 977 ; L.

Rohlig v. Commissioner

61 T.C.M. 2889 · United States Tax Court · Jun 11, 1991

Thereafter, petitioners filed a Form 1040X amended Federal tax return claiming Shawn as their dependent in order to claim an earned income credit of $ *308 303, which was not available without a "qualifying dependent." … In the absence of adequate records, respondent may use a method of reconstruction of a taxpayer's income which clearly reflects income. Holland v. United States , 348 U.S. 121 , 99 L. Ed. 150 , 75 S.