Case law

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".

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."

Lizcano v. Comm'r

95 T.C.M. 1157 · United States Tax Court · Feb 26, 2008

respect to his Bivens, and section 7431 or Privacy Act, claims.4 4 The District Court concluded that the suit against the individually named defendants “in their official capacities” was precluded by sovereign immunity … Although the notice of deficiency stated incorrectly the last date on which petitioner could petition this Court, it clearly and conspicuously stated that a petition must be filed with this Court within 90 days of the

Courtis v. Commissioner

16 T.C.M. 443 · United States Tax Court · Jun 27, 1957

Fred was an established builder. In the early part of 1949, Thomas offered to purchase the Jefferson property for $270,000 on the basis of $6,000 for each undivided 1/45th interest. … In the statement attached to the deficiency notice, he gave the following explanation of his determination: "It is held that the sale of the Jefferson Avenue acreage in 1949 does not qualify as an installment sale within

Nelson Bros., Inc. v. Commissioner

64 T.C.M. 1594 · United States Tax Court · Dec 28, 1992

Clearly here there was no legitimate business purpose for the payments from the Spousal Plan to Jennie Ruth unless the payments were based on reasonable compensation to Dugan. … The plan here was not a qualified plan and there was only one participant. Also, the deductions claimed here are not for payments to the plan, but payments to the surviving spouse under the plan.

Kikalos v. Commissioner

75 T.C.M. 1924 · United States Tax Court · Mar 3, 1998

The Indiana court found that Nick's Liquors qualified for this exception. … The accountants did not conduct an audit of petitioners' business activities, nor did they establish other inventory or cash controls.

Epsten v. Commissioner

61 T.C.M. 2814 · United States Tax Court · Jun 5, 1991

There are no indications here that the professional advice given petitioners was not reasonable or was not given by qualified persons. … Use of nonrecourse financing does not, standing alone, establish that tax avoidance was the primary purpose of a transaction.

Rasmussen v. Commissioner

63 T.C.M. 2710 · United States Tax Court · Apr 8, 1992

The burden of establishing reasonable cause rests with petitioner. Rule 142(a); BJR Corporation v. … Secs. 38(a)(2) and 46(a) allow an investment tax credit based on a percentage of the cost of a "qualified investment". Under sec. 46(c) , a "qualified investment" could only be in " sec. 38 property".

Whitten v. Commissioner

40 T.C.M. 625 · United States Tax Court · Jul 14, 1980

The consistent pattern of substantial understatement of income clearly shows scienter--the intent to evade tax. … Petitioner disagrees and states that the lists *383 are meaningless to establish what year income was received.

Director v. Commissioner

55 T.C.M. 1059 · United States Tax Court · Jun 13, 1988

Dresser Industries, supra (documents created for an independent corporate purpose are not immune from disclosure). … "Their effect is clearly inhibitive; rather than facilitating the illumination of truth, they shut out the light." McCormick on Evidence, sec. 72, p. 171 (3d ed. 1984).

Bruce Selig and Elaine Selig v. Commissioner

1995 T.C. Memo. 521 · United States Tax Court · Oct 31, 1995

Commissioner, 103 T.C. at 264, we acknowledged that, to qualify as recovery property, in the case of a passive business asset that suffered no wear and tear, a taxpayer would have to prove a determinable useful life. … Apparently, the facts that petitioners rely on are that "petitioners and their accountant clearly made a good faith effort to determine their true tax liabilities for the years at issue."

Estate of Frank Armstrong, Jr., Frank Armstrong III v. Commissioner

119 T.C. No. 13 · United States Tax Court · Oct 29, 2002

Just as “not every payment to an organization which qualifies as a charity is a charitable contribution”, Estate of Wood v. … Clearly, the payments of decedent’s Federal gift taxes, either during his lifetime or after his death, do not represent donative transfers, nor were they for exclusively public purposes.

McDowell v. Commissioner

53 T.C.M. 536 · United States Tax Court · Apr 7, 1987

The tour boat used by petitioner during the taxable years in issue, the "Carrie B," was qualified and/or licensed for the carriage of 150 persons during taxable years 1972, 1973, and 1974. … The record does not establish which books Ballard was shown.

Harrill v. Commissioner

23 T.C.M. 1340 · United States Tax Court · Aug 20, 1964

The burden is on respondent to establish the valuation here claimed by him. We do not think he has done so. … It is also to be noted that prior to 1958 petitioners had received $30,000 on the purchase price of their stock, which was in excess of their basis ($22,500), and there is some indication, though not clearly established,

Willett v. Commissioner

16 T.C.M. 840 · United States Tax Court · Sep 30, 1957

During the existence of O.P.A., which was established under the above legislation, the prices of whiskey were fixed by O.P.A. … In the first place, the Commissioner of Internal Revenue had a clearly defined rule, in 1947, that an interest in a partnership is not, per se, a capital asset.

Han v. Commissioner

66 T.C.M. 499 · United States Tax Court · Aug 24, 1993

Petitioners have not established their entitlement to the $ 1,042 amount labeled as "miscellaneous". … Commissioner , 88 T.C. 492 , 507-508 ↩ (1987) , this Court held that, contrary to respondent's regulations, respondent could not require a taxpayer to extend the period of limitations in order to qualify for litigation fees

WHITE v. COMMISSIONER

2004 T.C. Summary Opinion 139 · United States Tax Court · Oct 12, 2004

Petitioners were not a party to the individual charter contracts, and, indeed,  - 13 - petitioners were not involved with any aspect of qualifying charterers or establishing such charters. … The personal services provided by petitioners in conjunction with AYC’s services clearly contributed to maintaining Moonshadow’s immaculate condition and to its marketability to prospective charterers.

Cagle v. Commissioner

65 T.C.M. 2707 · United States Tax Court · May 19, 1993

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. Id. … Based on the entire record, respondent has clearly and convincingly established that petitioners' entire understatement of tax for each of the years 1983, 1984, and 1985 was due to fraud.

Blanton v. Commissioner

74 T.C.M. 1100 · United States Tax Court · Nov 5, 1997

Jack Ham clearly compensated petitioner for his efforts when, through his nephew, he paid Commerce Bank $15,000 to partially extinguish petitioner's outstanding debt. … The taxpayer's entire course of conduct may establish the requisite fraudulent intent. Stone v. Commissioner, 56 T.C. 213, 223-224 (1971).

Peoples Bancorporation v. Commissioner

63 T.C.M. 3028 · United States Tax Court · May 18, 1992

Doerfler, a well qualified statistical expert, stated in his report: "In conclusion, it is my opinion that the analytical methods described here support the contention that these deposit bases have a well-defined life, and … deposits would not have included the "full" tax benefit of the amortization because there was no case law allowing amortization of core deposits at the time of the acquisition of the NCNB branches and the Treasury position was clearly