Case law

Ford v. Commissioner

51 T.C.M. 608 · United States Tax Court · Mar 18, 1986

ABC was established in 1962 at the suggestion of Harry. *511 Harry informed Dr. … Thereafter, ABC was formed and the trusts established by Harry were transferred to ABC's account. ABC acted as trustee for the trusts established by Harry during the relevant period herein involved.

Texas Mobile Home Asso. v. Commissioner

21 T.C.M. 510 · United States Tax Court · Apr 25, 1962

MEMBERS-AT-LARGE shall be those whose business location is not within the area of an established Chapter. … The facts here show clearly that a primary purpose of the mobile home show was to raise the funds necessary to have a paid executive director for petitioner.

Adney v. Commissioner

45 T.C.M. 971 · United States Tax Court · Mar 15, 1983

Crocker McAlister Equipment Leasing Company, to pass the credit on to Almond Hullers Associated, Incorporated, a small business corporation of which you were * * * [a] stockholder or, alternatively, (2) it has not been established … The trial court thus concluded that the property subject to the agreements was a qualified investment under section 38(a) of the 1954 Code to allow taxpayer the investment credit. * * * Further * * * the record demonstrates

Hunter v. Commissioner

43 T.C.M. 764 · United States Tax Court · Mar 16, 1982

It required showing the cow as well as several of its offspring to establish that not only did the cow have superior qualities but that it was able to pass those qualities on to its progeny. … Therefore, at least $ 6,200 of this amount was clearly with respect to the transaction here in issue.

Steiner v. Commissioner

41 T.C.M. 1392 · United States Tax Court · Apr 28, 1981

Section 1.166-1(c), Income Tax Regs. , provides that only a bona fide debt qualifies for purposes of section 166 ; and a bona fide debt is a debt which arises from a debtor-creditor relationship based upon a valid and enforceable … Petitioner asserts that this case involves a unique factual situation which justifies the conclusion that the advances he made were loans and not capital contributions, and that the facts are clearly distinguishable from

Wally Findlay Galleries Int'l v. Commissioner

71 T.C.M. 3214 · United States Tax Court · Jun 24, 1996

Although fair market value is clearly the more appropriate index, there appears to have been no attempt to appraise them. … Petitioners have failed to make the showing required in order to qualify for the deduction under section 166. 2.

Dixon v. Comm'r

91 T.C.M. 1086 · United States Tax Court · May 2, 2006

Mere negligence does not establish either. * * * ” We amplified these requirements in Fields v. Commissioner, T.C. … The Thompsons’ payments to DeCastro clearly satisfy the definition of deductible legal fees.

Barrett v. Commissioner

57 T.C.M. 458 · United States Tax Court · May 16, 1989

Tick resigned from National Roofing and established a secretarial and word processing business by *271 the name of Executive Secretary, but she remained a close personal friend of Ms. … Gibb, and for which of the checks petitioner qualifies as an innocent spouse.

Johnson v. Commissioner

63 T.C.M. 3197 · United States Tax Court · Jun 29, 1992

Cameron clearly qualifies as an expert by virtue of a career of 17 years in the commodities business. He has presented in his report a detailed analysis of the data on which he based his conclusions. … These are not received into evidence to establish the truth of the assertions therein, but for the purpose of establishing Cameron's qualifications.

Jacksonville Paper Co. v. Commissioner

13 T.C.M. 728 · United States Tax Court · Jul 30, 1954

One qualifying *152 share was then issued to each of the three brothers, and 497 shares were issued in their joint names. … Matthew was seriously ill in 1938, and desired to establish a separate estate for his wife.

Wilcox Mfg. Co. v. Commissioner

38 T.C.M. 378 · United States Tax Court · Mar 19, 1979

made in good faith and (2) in the event of the death of a stockholder, the stock of the deceased stockholder would be sold to Wilcox at a price based on book value for all current asset accounts and on the opinion of three qualified … Notwithstanding the fact that Wilcox had never had *477 a significant fire in its facilities, we think the record clearly establishes that the risk of a serious fire was substantial.

Hie Holdings, Inc. v. Comm'r

97 T.C.M. 1672 · United States Tax Court · Jun 8, 2009

As part of his representation of Merwyn Manago, Brook Hart negotiated an immunity agreement for Merwyn Manago. … Whether a professional fee qualifies as such is generally a question of fact. See Commissioner v. Heininger, 320 U.S. 467, 475 (1943).

Barr v. Commissioner

64 T.C.M. 774 · United States Tax Court · Sep 17, 1992

Respondent concedes that they have been unable to establish who actually owned the stock of either ALH or Saxon. … With respect to the salary and wages, the notice of deficiency states: You did not establish that the disallowed portions of the claimed deductions qualified as ordinary and necessary business expense, or that expenditures

Estate of Jones v. Commissioner

71 T.C.M. 2305 · United States Tax Court · Mar 6, 1996

The deductions were not hidden in the recesses of the return but were clearly set forth on Schedule E. … Clearly, under such circumstances, petitioner should have been on notice of the substantial and unusual losses.

Melissa Coffey Hulett a.k.a. Melissa Coffey v. Commissioner

150 T.C. No. 4 · United States Tax Court · Jan 29, 2018

In 1954 Congress established the “inhabitant rule” that required filing only with the VIBIR for “permanent” VI residents. … Respondent has not disputed that the returns the Coffeys filed with the VIBIR qualify as returns under the four-part test laid out in Beard v.

Miner v. Commissioner

78 T.C.M. 677 · United States Tax Court · Oct 26, 1999

Thus, we do not consider petitioner's testimony to establish the intent of the parties. See Taylor v. State Farm Mut. Auto. Ins. Co., supra. … Cost Less may not reduce its ending inventory without showing the amount of the adjustment that is needed to clearly reflect income.

Estate of Kenly v. Commissioner

72 T.C.M. 1314 · United States Tax Court · Nov 21, 1996

Petitioner clearly believes that the Bard property was not owned by the partnership, although she has not proposed a finding to that effect. … Property passing to the surviving spouse by intestate succession qualifies for the deduction provided for in section 2056(a) (the marital deduction). Sec. 20.2056(c)-1(a)(5), Estate Tax Regs.

Helwig v. Commissioner

78 T.C.M. 838 · United States Tax Court · Nov 29, 1999

To qualify as a business bad debt, it must be established that the debt was proximately related to the conduct of the taxpayer’s trade or business. See United States v. … More importantly, petitioner has not shown any identifiable events that “clearly mark the futility of any hope of further recovery.”

Sharer v. Commissioner

71 T.C.M. 2266 · United States Tax Court · Feb 29, 1996

- 14 - To qualify as the "prevailing party", the taxpayer must establish that (1) the position of the United States in the proceeding was not substantially justified; (2) the taxpayer … The record of the case clearly shows that respondent's litigation position was reasonable.

Kaplan v. Comm'r

90 T.C.M. 296 · United States Tax Court · Sep 20, 2005

The record establishes that the main tract is 1,931.30 acres, and the five smaller tracts total 133.82 acres.2 DP is north of U.S. … The loss of wildlife and standing timber would clearly have a negative effect on the recreational value of DP.