Case law

Estate of Wayne C. Bongard, James A. Bernards, Personal Representative v. Commissioner

124 T.C. No. 8 · United States Tax Court · Mar 15, 2005

Bongard Qualified Terminable Interest Property Trust (QTIP Trust). The QTIP Trust agreement was drafted by Mr. Fullmer. … Clearly, decedent was not adverse to establishing trusts, nor is there evidence that would establish how a limited partnership interest in BFLP provided decedent with greater flexibility than he already possessed by holding

Shamrock v. Comm'r

112 T.C.M. 436 · United States Tax Court · Oct 20, 2016

In its Order dated January 20, 2015, the Court established a schedule for certain prehearing activity. … See sec. 7452 (“No qualified person shall be denied admission to practice before the Tax Court because of his failure to be a member of any profession or calling.

Estate of Lauder v. Commissioner

68 T.C.M. 985 · United States Tax Court · Oct 19, 1994

With this development apparently in mind, petitioner goes on to argue that petitioner has clearly satisfied its burden of showing that the deficiency is incorrect. … Petitioner firmly established that the Lauders intended to maintain EJL as a privately held, family-controlled company.

Cullifer v. Comm'r

108 T.C.M. 408 · United States Tax Court · Oct 7, 2014

Williams, 514 U.S. 527, 539 (1995) (“[C]ertain transferees may litigate the tax liabilities of the transferor; if the transfer qualifies as a fraudulent conveyance under state law, the Code treats the transferee as the … Moreover, section 6901 clearly contemplates for “transferee” to include not just an initial transferee, but successive transferees (a transferee of a transferee) as well.

Sumner Rhubarb Growers' Ass'n v. Commissioner

10 T.C.M. 465 · United States Tax Court · May 17, 1951

"(c) To lend money upon and to negotiate loans upon agricultural and horticultural products; to borrow money and to establish domestic and foreign agencies to carry on the general purposes of the corporation. … Section 101(12) provides that exemption shall not be denied cooperative associations otherwise qualified because there is accumulated and maintained by it "a reasonable reserve for any necessary purpose".

Estate of Hendrickson v. Commissioner

78 T.C.M. 655 · United States Tax Court · Oct 25, 1999

The “qualified terminable interest property” (QTIP) rules, enacted in 1981–-after Garry’s death in 1979–-also evidence Congress’ continuing concern that the surviving spouse receive all income from any property qualifying … Petitioner's accounting clearly shows that at least $443,000 of decedent's funds was not used to pay decedent's expenses during 1979-93.

Hillman v. Commissioner

78 T.C.M. 210 · United States Tax Court · Aug 2, 1999

- 29 - involving commuting expense, he clearly underestimated the amount of nondeductible commuting mileage. Dr. … In this case, petitioners have failed to establish that they fully disclosed all necessary and relevant information to their accountant, Mr. Adelman.

Spivey v. Comm'r

2008 T.C. Summary Opinion 143 · United States Tax Court · Nov 13, 2008

Spivey’s meals qualify for a deduction. … His meals are clearly personal expenses and not deductible meals purchased when traveling away from home on business. Further, Mr. Spivey’s facts closely match the hypothetical in United States v.

Lawrence G. Graev & Lorna Graev v. Commissioner

149 T.C. No. 23 · United States Tax Court · Dec 20, 2017

Before Graev II, petitioners contended that “[r]espondent presents no new theory regarding the accuracy- related penalties realleged in the amendment to answer that might qualify as a new matter.” … Or to borrow from Higbee, supervisory approval is necessary to establish that it is appropriate to impose the relevant penalty.

Geodesco, Inc. v. Commissioner

60 T.C.M. 1452 · United States Tax Court · Dec 18, 1990

We reserve the ultimate sanction of dismissal for the most egregious cases where a party's conduct clearly warrants it. … Clearly, any such amounts are relevant in computing petitioner's net income from transactions with the enumerated investors.

Beran v. Commissioner

40 T.C.M. 163 · United States Tax Court · Apr 15, 1980

However, the words of the statute clearly so provide. … Clearly, it is unreasonable to assume that records which are inaccessible for one year will remain inaccessible thereafter.

McKeever v. Commissioner

80 T.C.M. 358 · United States Tax Court · Sep 14, 2000

Petitioners spent $6,546 on corrals and arenas, but the record does not reflect clearly the total cost for all horse-related improvements. The ranch is modest and functional. … Although respondent argues that petitioners failed to establish the number of hours per week engaged in the horse activity, the stipulated facts confirm that petitioners must have spent considerable time and effort on

Roe v. Commissioner

52 T.C.M. 778 · United States Tax Court · Oct 8, 1986

Most importantly, the documents clearly contemplated that the franchisees would actively participate in marketing, promoting and selling the product. … The amount of the credit is based upon the taxpayers' qualified investment in the property. Sec. 46(a) and (c).

West v. Commissioner

80 T.C.M. 916 · United States Tax Court · Dec 22, 2000

Lastly, as a broker, Mejia clearly had a financial interest in selling the partnership interests to petitioners. … The value of the recyclers was established in Provizer v. Commissioner, supra, and stipulated by the parties.

Clark Raymond & Company PLLC, D. Edson Clark, CPA, PLLC, Tax Matters Partner

United States Tax Court · Oct 13, 2022

Section 8.3 (entitled “Special Allocations”) establishes a “Qualified Income Offset” (“QIO”), whereby “[i]n the event that any Member unexpectedly receives any adjustments, allocations, or distributions[,] . . . items of … The alternate test also requires that the partnership agreement provide for a QIO, i.e., a “qualified income offset”.

Budin v. Commissioner

67 T.C.M. 2788 · United States Tax Court · Apr 28, 1994

Petitioners' history of losses clearly indicates a lack of a profit motive. … A sporadic activity, a hobby, or an amusement diversion will not qualify. Sec. 162 ; Groetzinger v. Commissioner , 480 U.S. 23 , 35 (1987) ; Sec. 1.183-2(a), Income Tax Regs.

Cvancara v. Comm'r

105 T.C.M. 1127 · United States Tax Court · Jan 17, 2013

Desert Academy’s records for 2005 and 2006, although imperfect, clearly indicate which payments were to be deferred to the following year. … When a taxpayer establishes that he or she paid or incurred a deductible expense but does not establish the amount of the expense, we may estimate the amount allowable in some circumstances (the

KLING v. COMMISSIONER

81 T.C.M. 1448 · United States Tax Court · Mar 30, 2001

As to the second factor, involvement in the family's finances, the record does not clearly show who was responsible for maintaining the family checkbook. … The record clearly shows that the omitted funds were used primarily to purchase Raymond's memorabilia.

American Allsafe Co. v. Commissioner

13 T.C.M. 95 · United States Tax Court · Jan 29, 1954

While these regulations, considered in their entirety, do not establish any hard and fast rule that a contingent contract, fair and equitable when made, becomes permanently immune from scrutiny regardless of how radically … A carbon copy of an agreement dated July 22, 1933 offered in evidence by petitioner was rejected because not clearly shown to have been executed by Ernest Holzworth, then president and principal stockholder.

Pullman v. Commissioner

23 T.C.M. 1310 · United States Tax Court · Aug 18, 1964

Tailors, Inc., which comprises part of the Trust Estate, in addition to all other purposes for the purpose of electing or appointing *125 part or all of them as officers, directors or employees of the corporation and to establish … Commissioner, supra , as clearly distinguishable from the instant case.