Case law

Richman v. Commissioner (Estate of Richman)

68 T.C.M. 527 · United States Tax Court · Aug 23, 1994

The parties agree that if we decide that decedent's MFS trust interest passes under the terms of his will, no portion of it qualifies for the marital deduction pursuant to section 2056 . … Moreover, that case states that the "public policy of the State regarding the retroactive application of the 1987 amendment * * * 'is so clearly and broadly stated as to be unmistakable.'" Id. at 400 (quoting Beck v.

Patricia M. Mora, F.K.A. Patricia Rasberry v. Commissioner

117 T.C. No. 23 · United States Tax Court · Dec 17, 2001

You did not meet one of the qualifying factors required under 6015(b) and 6015(c) lack of knowledge of the understatement. 4 According to petitioner’s testimony at trial, respondent initially offset … She clearly lacked actual knowledge of the facts giving rise to the understatement. However, petitioner had “reason to know” of the understatement.

Crane v. Commissioner

38 T.C.M. 1077 · United States Tax Court · Jul 24, 1979

Lacy claimed to be well qualified, stating that he had had extensive experience in the manufacture and sale of boats.He showed petitioner a demonstrator model, a 23-24 foot inboard-outboard, which he invited petitioner to … Clearly, petitioner believed that Atlantic General might well have become a prospering business.

Geller v. Comm'r

35 T.C.M. 1122 · United States Tax Court · Aug 18, 1976

The mere understatement of income is not enough to establish fraud, because the intent of the taxpayer to evade taxes must be affirmatively established. Drieborg v. Commissioner, 225 F.2d 216 , 218 (6th Cir. 1955) . … The notice of deficiency clearly indicates the amounts and dates of the purported income and the reason for arriving at those amounts. 5 Respondent's subsequent declaration of a potential source of the funds deposited does

Estate of Nasdeo v. Commissioner

27 T.C.M. 325 · United States Tax Court · Apr 15, 1968

Matthew, who put up most of the *239 money, received only a qualifying share. The business was liquidated in 1954 or 1955 after Albert had a dispute with Robert's wife. … These are clearly sources of income. In addition respondent determined that the amount of $33,020 representing cash funds found in a safe deposit box was taxable as ordinary income.

Paul J. Pekar v. Commissioner

113 T.C. No. 12 · United States Tax Court · Sep 1, 1999

Petitioner also claims that the language on his tax forms did not clearly indicate to him that he should perform the computation to determine whether he would owe the AMT because the forms said only that a taxpayer "may … Because of respondent’s position, we assumed petitioner qualified for the extension.

Foundation for Devine Meditation, Inc. v. Commissioner

24 T.C.M. 411 · United States Tax Court · Apr 5, 1965

Rush my contest material, including 50 Official Entry Blanks, official rules, and all of the instructions I need to qualify for the big CASH AWARDS. … The record in this case clearly shows that there was selling to the public.

Gaskins v. Commissioner

70 T.C.M. 1076 · United States Tax Court · Oct 26, 1995

Gaskins has not established her lack of knowledge or that she had no reason to know. … The record clearly shows that Mrs. Gaskins had no actual knowledge of any understatement of Mr. Gaskins' income and the resulting substantial understatement of tax.

Margolis v. Commissioner

21 T.C.M. 444 · United States Tax Court · Apr 19, 1962

Prior to the establishment of the 12,000-foot flight pattern, the Navy had in effect a 10,000-foot flight pattern. … Here, even more clearly than there, the taxpayer is converting future income into present income. (Italics supplied.) And in Corn Products Co. v.

Kaissy v. Commissioner

70 T.C.M. 906 · United States Tax Court · Oct 3, 1995

If fraud is established, petitioner does not question respondent's computation. … The burden is on respondent to establish fraud by clear and convincing evidence. Sec. 7454(a); Rule 142(b).

Adamson v. Commissioner

44 T.C.M. 327 · United States Tax Court · Jun 30, 1982

In Janis , the Supreme Court clearly indicated that participation by Federal agents in an illegal search might taint evidence seized for use in a Federal civil tax proceeding and reserved to the taxpayer the right on remand … The detective who signed the search warrant return, which was admitted in evidence as a joint exhibit without reservations as to its use, testified as a witness; his testimony did not qualify his statements in the search

Brush-Moore Newspapers, Inc. v. Commissioner

5 T.C.M. 1014 · United States Tax Court · Dec 4, 1946

It follows, therefore, that the trust does not qualify as an exempt employees' trust under section 165 of the Code and the provisions of Regulations 103 applicable to that section. … The plan to which the Commissioner referred was clearly the amended plan and not the original plan of December 30, 1941.

M. J. Byorick, Inc. v. Commissioner

55 T.C.M. 1037 · United States Tax Court · Jun 7, 1988

Petitioner contends that the evidence clearly establishes his intention *318 and that of the Company to treat the advances as loans and to require repayment. … We conclude that the Johnson case, disallowing the taxpayer's *329 individual retirement account deductions because he was an active participant in a qualified retirement plan, has no bearing on the outcome of this issue.

Klukwan, Inc. v. Commissioner

68 T.C.M. 446 · United States Tax Court · Aug 18, 1994

As the Japanese clearly preferred and were willing to pay more *465 for round logs over manufactured wood products, Rickard heavily weighted the above quantified market indications in favor of the DNR stumpage sales as these … The Pacific Rim export market is the relevant market; the southeast Alaska conveyances merely added a much needed supply to an already well-established and existing *480 market.

Gjesteby v. Commissioner

54 T.C.M. 1364 · United States Tax Court · Dec 21, 1987

He did not have experience in the cattle business and was not shown to be qualified to value farm animals. … In the circumstances of this case, such evidence of later events has very little, if any, value, in establishing petitioner's motive in 1982. Cf. Tollefsen v.

John A. Francisco v. Commissioner

119 T.C. No. 20 · United States Tax Court · Dec 19, 2002

Sections 1.861-1 through 1.863-5, Income Tax Regs., establish rules for determining whether income is from a U.S.  - 19 - source. … A conclusion that section 931 is inapplicable without regulations neither conflicts with clearly expressed congressional intent nor results in an absurd outcome.

Estate of Wells v. Commissioner

42 T.C.M. 1305 · United States Tax Court · Sep 30, 1981

Wells (hereinafter sometimes referred to as petitioner) is the duly qualified executor of the Estate of Gizella Wells, deceased. … Clearly decedent never counted on, relied upon, or expected the income from the trust.

Christensen v. Commissioner

56 T.C.M. 425 · United States Tax Court · Oct 5, 1988

A sporadic activity, a hobby, or an amusement diversion does not qualify. … The income tax regulations clearly provide that "a reasonable expectation of profit is not required" and that "it may be sufficient that there is a small chance of making a large profit."

Ghalardi Income Tax Educ. Found. v. Commissioner

76 T.C.M. 1114 · United States Tax Court · Dec 30, 1998

In addition to the above, I am filing the corrected return even though the "Privacy Act Notice" as contained in a 1040 booklet clearly informs me that I am not required to file any return such as the one … Petitioners assert that "there is no section in the Internal Revenue Code which establishes an income tax liability".

Estate of Tankoos v. Comm'r

26 T.C.M. 50 · United States Tax Court · Jan 23, 1967

As we have previously noted there was sufficient evidence tending to prove that a certain amount of qualifying business entertainment occurred aboard William's yacht, the "Tankfull III." … For example, the financial reports for Bisley, Limited, and Onslow Investments, Limited, covered only the last seven months of 1959 and thus failed to clearly reflect profitable transactions occurring earlier in 1959. ↩ 3