Case law

American Pitch Pine Export Co. v. Commissioner

8 T.C.M. 976 · United States Tax Court · Nov 2, 1949

Petitioner was to charge the ceiling prices and O.P.A. established milling charges, plus transportation. … With the correct facts at hand prior to the filing of its return for that year, petitioner could have clearly reflected its income through their use.

A. A. Aaron, Inc. v. Commissioner

37 T.C.M. 164 · United States Tax Court · Jan 23, 1978

Bella Cohen, the decedent's surviving spouse, qualified as administratrix of his estate in Florida. Decedent's wife Bella, his daughter Sonia Gradus, and his son Dr. … increases, respondent's use of the net worth method to compute the Graduses' taxable income was clearly justified.

Chicago Baseball Holdings, LLC, Northside Entertainment Holdings, LLC, F.K.A. Ricketts Acquisition, LLC, Tax Matters Partner

United States Tax Court · Oct 26, 2021

The memorandum mentions that the sub debt notes are illiquid and without an established market. … The portion of the special distribution funded by the sub debt thus does not qualify under the debt-financed distribution exception of the disguised sale rules.

Jaros v. Commissioner

49 T.C.M. 548 · United States Tax Court · Jan 15, 1985

The partnership also claimed in 1975 that it owned property qualified for an investment tax credit of $2,980,000. … Whether a partnership is engaged in a trade or business with the intention of making *634 a profit must be established at the partnership level. Fox. v.

Rollins v. Commissioner

66 T.C.M. 1869 · United States Tax Court · Dec 30, 1993

To rebut such a determination by the Commissioner, the taxpayer must establish that not attributing the gain to the taxpayer more clearly reflects the proper allocation of income. … In substance, petitioner established a direct tracing of the proceeds to the repayment of bona fide corporate debt secured by the stock sold, thus establishing a nontax business purpose outweighing any personal benefit to

Hannaford v. Commissioner

19 T.C.M. 409 · United States Tax Court · Apr 22, 1960

. "* * * "Nowhere has the Commissioner established that the petitioner has failed to report these items for tax purposes. … He has merely established that these were items which the petitioner could not specifically identify. "* * * "The burden was on the Commissioner as well as on the taxpayer to adopt a method that would clearly reflect income

Active Lipid Dev. Partners, Ltd. v. Commissioner

62 T.C.M. 1046 · United States Tax Court · Oct 21, 1991

Ct. 1876 (1974) , revg. 482 F.2d 1029 (6th Cir. 1973) , affg. 58 T.C. 585 (1972) , the Supreme Court established that a taxpayer did not have to currently be producing or selling a product in order to obtain a section 174 … Both of these agreements, executed a little more than a week before the end of 1983, clearly point out the limited role Active Lipid played in the research and development of AL-721.

Cavallaro v. Comm'r

108 T.C.M. 287 · United States Tax Court · Sep 17, 2014

However, this inadvertent omission clearly did not prejudice Mr. Cavallaro, as shown by his petition, which is virtually identical to the petition filed by Mrs. … Cavallaro have established that they provided necessary and accurate information to their advisers. Finally, Mr. and Mrs.

Abelein v. Comm'r

93 T.C.M. 857 · United States Tax Court · Feb 6, 2007

Cochran determined that petitioner did not qualify for an offer-in-compromise. … Cochran abused her discretion by establishing a deadline for the submission of information. 4.

Estate of Schenck v. Commissioner

20 T.C.M. 1252 · United States Tax Court · Aug 28, 1961

Petitioners have established neither the useful lives of the improvements, their salvage value, nor the dates when the improvements were made. … Petitioners have not shown that this normal rule would not clearly reflect income.

Estate of George Henry Kent v. Commissioner

6 T.C.M. 933 · United States Tax Court · Aug 12, 1947

Richard Bulow Kent and the decedent's son-in-law, Washington Platt, were duly appointed executors under the last will and testament of the decedent, qualified as such and Richard Bulow Kent has continued to act as executor … The gift made by decedent in 1928 to his son-in-law was made for the purpose of establishing a so-called children's fund to be used for the education of decedent's grand-children.

Cullinane v. Commissioner

77 T.C.M. 1192 · United States Tax Court · Jan 4, 1999

This testimony does not establish that the costs of collection would exceed the value of a debt claimed to equal $134,116. … $75,000 deduction for “rent”, petitioner has failed to establish that full disclosure was made to Lakeview's C.P.A.

Hayes v. Comm'r

2010 T.C. Summary Opinion 121 · United States Tax Court · Aug 23, 2010

Thus, if the requesting spouse fails to meet any one of the five requirements, he/she does not qualify for relief. Alt v. Commissioner, supra at 313. … These factors clearly put petitioner on notice and gave him a duty to inquire.

Security Associates Agency Ins. Corp. v. Commissioner

53 T.C.M. 1239 · United States Tax Court · Jun 25, 1987

Although the contract required the 80 percent commission to be paid as a percentage of "premiums actually received in cash by Company", it nevertheless appears to have been clearly understood that the full first year commissions … Although it would appear from the evidence that some portion of the controverted deductions could qualify on this record as "ordinary and necessary" business expenses of Security Associates under section 162, IRC 1954 , we

Backstrom v. Commissioner

73 T.C.M. 2723 · United States Tax Court · May 6, 1997

- 16 - The record establishes that Mrs. … Dornbrock was appointed personal representative of her husband's estate by the Probate Court of Wayne County, Michigan, which clearly qualifies her as the proper party to continue the prosecution of Mr.

Ellis v. Commissioner

47 T.C.M. 991 · United States Tax Court · Jan 31, 1984

The other factors present that indicate a profit objective clearly outweigh any element of personal pleasure petitioners may derive from their operation of Round Top. … Such expenditures to purchase livestock are clearly capital in nature, must be capitalized, and are not subject to the election granted for costs connected with raising livestock.

Rosenbaum v. Commissioner

45 T.C.M. 825 · United States Tax Court · Feb 24, 1983

Jeanne Stone does not qualify for innocent spouse status under section 6013(e). … Jeanne Stone qualifies as an innocent spouse during the years in issue.

Ambassador, Inc. v. Commissioner

11 T.C.M. 974 · United States Tax Court · Sep 30, 1952

Cafritz was the president and sole stockholder of the present petitioner, Ambassador, Inc., except for single shares issued to two other persons to qualify them as directors. … The evidence establishes clearly that Corcoran Courts was a property held primarily for sale in Development's business of selling real estate.

Renard v. Commissioner

31 T.C.M. 1210 · United States Tax Court · Dec 11, 1972

As we noted above if a taxpayer can establish by strong proof that an agreement does not contain the parties' true intent it will be modified accordingly. … Clearly the statute does not necessitate such a result.

Kramer v. Commissioner

56 T.C.M. 378 · United States Tax Court · Sep 28, 1988

Respondent, on the other hand, limited his analysis to the cases setting the standards and "ran" the facts through the "gauntlet" of the established case law standards. … Clearly the central focus and centerpiece of the offering materials were the "tax considerations."