Case law

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."

Exxon Mobil Corporation and Affiliated Companies, f.k.a. Exxon Corporation and Affiliated Companies v. Commissioner

114 T.C. No. 20 · United States Tax Court · May 3, 2000

Arguably, in light of that case, Exxon’s attempted modification to the accrual of estimated DRR costs from the year DRR work is performed to the year in which wells are drilled would qualify as a mere correction in Exxon … Section 446(b) grants respondent broad discretion to determine whether a particular method of accounting clearly reflects income and to impose such method of accounting as in respondent’s opinion does clearly reflect income

David H. and Suzanne Hillman v. Commissioner

114 T.C. No. 6 · United States Tax Court · Feb 29, 2000

Respondent simply counters that there was an exercise of the Secretary’s discretion not to issue regulations addressing whether or not self-charged treatment and netting is clearly appropriate in situations other than … There is no  - 12 - indication that the Secretary considered situations other than lending transactions; i.e., that the Secretary specifically decided that no other transactions should qualify

Zegeer v. Commissioner

54 T.C.M. 1203 · United States Tax Court · Nov 30, 1987

Nor does he suggest that the fees and operating expenses are not of a character which would normally qualify them as ordinary and necessary business expenses deductible under section 162. … Bulletin 1450-B does not list core drilling as an essential requirement in establishing a proven reserve.

Gill v. Commissioner

67 T.C.M. 2311 · United States Tax Court · Mar 1, 1994

These expenditures clearly conferred an economic benefit upon Gill as owner of the house. … While we are not bound by a stipulation clearly contrary to facts disclosed by the record, Jasionowski v.

Davis v. Commissioner

48 T.C.M. 16 · United States Tax Court · May 7, 1984

. * * * "Normal" obsolescence or the gradual loss of usefulness due to the normal progress of the arts, invention, or technological improvements is clearly a factor to be considered in the determination of useful life for … Love, who prepared the MARTA impact studies and is also a qualified real *451 estate appraiser. Dr.

Shiocton Lumber Co. v. Commissioner

33 T.C.M. 599 · United States Tax Court · May 23, 1974

Although neither man has formal education beyond high school, their own inherent abilities combined with hard work and dedication demonstrate that they are highly qualified personnel for petitioner's business. … Such an increase to $45,800 per year would clearly be less likely to occur if salary raises were subject to arm's-length bargaining.

Orr v. Comm'r

2010 T.C. Summary Opinion 55 · United States Tax Court · Apr 26, 2010

Professional gamblers have qualified as being eligible to file as a business according to tax code 162(a). … She described the transactions on her return clearly, as a business of “gambling” in which she incurred “gambling losses”, making no attempt to hide the tax issue, and enabling the IRS to easily determine whether an examination

Sierra Club, Inc. v. Commissioner

65 T.C.M. 2582 · United States Tax Court · May 10, 1993

Clearly, it is access to the information contained in those lists and the legal right to use that information that constitutes a significant portion of what customers are willing to pay for. … In passing, we note that it is unclear precisely what respondent means when she claims that, to qualify for sec. 512(b)(2) , royalties (and the other classes of listed income) must constitute investment income.

Barranti v. Commissioner

76 T.C.M. 957 · United States Tax Court · Dec 3, 1998

Petitioner, who has the burden of proof, has not established that she held the property for profit or the production of income. … It clearly appears on this record that petitioner held the property primarily for personal use, not for profit from rentals nor for appreciation in value.

Siragusa v. Commissioner

39 T.C.M. 1196 · United States Tax Court · Mar 10, 1980

Section 1.274-5(c)(2)(ii)(b), Income Tax Regs. , clearly provides: [In] the case of a salesman calling on customers on an established sales route, a written explanation of the business purpose of such travel ordinarily will … such other information as shall tend to establish such primary use.

Medieval Attractions N v. v. Commissioner

72 T.C.M. 924 · United States Tax Court · Oct 9, 1996

A bona fide contract for management services may be a factor in establishing deductibility. Achiro v. Commissioner, supra. … The Eurotor/MTNV January 24, 1983, contract for management services established a fee of 50 cents per patron.

Lebloch v. Comm'r

93 T.C.M. 1320 · United States Tax Court · Jun 11, 2007

Where taxpayers have not maintained adequate business records to establish such liability, the Commissioner may reconstruct income by any method that the Commissioner believes reflects income clearly. … Case law establishes a two-part test for determining whether a transfer of money qualifies as debt. First, repayment of the transferred funds cannot be contingent upon a future event.

Thompson v. Commissioner

23 T.C.M. 1193 · United States Tax Court · Jul 20, 1964

Under these facts, we cannot say that he had an unlimited command or even qualified control over the interest until it was actually received by him. … The absence of such evidence together with the facts disclosed by the record clearly indicates that petitioner has failed to carry his burden of proving that a theft took place.

Nelson v. Commissioner

53 T.C.M. 1448 · United States Tax Court · Jul 27, 1987

The facts clearly support his admission that petitioners received a substantial amount of unreported income from skimming receipts of the T&D Theatre and the Peekarama I and Peekarama II theaters. … She was married to Larry throughout the taxable years at issue so she clearly did not qualify for the single head of household filing status.

Steinberg v. Commissioner

46 T.C.M. 1238 · United States Tax Court · Aug 29, 1983

Contemporaneous with this public offering, Pulte Homes adopted a qualified employee stock option plan under which options might be granted to its officers and certain key employees. Mr. … Steinberg for other additional services which were of a deductible nature, Pulte Homes has on this record not established any basis for making an allocation of the value of the shares.

Swallows Holding, Ltd. v. Commissioner

126 T.C. No. 6 · United States Tax Court · Jan 26, 2006

Although those cases do not unambiguously establish the limits of timeliness, they clearly establish that timely filing is required. … The clearly expressed intent of Congress to the contrary not being apparent, the Secretary is not deprived of his authority under section 7805(a) to draw that line (i.e., to establish needful rules and regulations for

Smith v. Commissioner

66 T.C.M. 973 · United States Tax Court · Sep 30, 1993

Although petitioner has not established the exact amount of the deduction for merchant fees, we do believe that *500 he has established that he did incur credit card processing fees. Based on the testimony of Mr. … The record establishes that petitioner operated under numerous accounts.

Logan Lumber Co. v. Commissioner

23 T.C.M. 735 · United States Tax Court · May 6, 1964

It convinces us that both of these officers worked long hours, were well qualified by training and experience to perform the duties of the offices held by them, and capably performed those duties. … Petitioner's effort to establish that her services beginning in the year 1953 were substantially the same as those in prior years was unconvincing.

Jacobowitz v. Commissioner

27 T.C.M. 1387 · United States Tax Court · Nov 18, 1968

As of August 29, 1961, there was no established market for Pictorial stock and no quoted price. The Registration Statement disclosed a tentative offering price of $10 per share. … Merely because the intermediate step was eliminated does not alter the result: by pledging the stock and receiving the proceeds of the loan petitioner clearly had the economic benefit of the stock in 1961.