Case law

Kenner v. Commissioner

33 T.C.M. 1239 · United States Tax Court · Oct 21, 1974

The first item is clearly not an allowable deduction of the Hospital for 1955 because its very name indicates that it was not an expense accrued during that year. … As to the $ 358.50 of possible earnings and profits for 1957, this amount will clearly be wiped out by the interest on the deficiencies determined herein for 1955 and 1956.

Robertson v. Commissioner

77 T.C.M. 1849 · United States Tax Court · Apr 20, 1999

Clearly, if the proceeds from the sale of the equipment in 1990 are $930,671, $1,163,338, or $1,396,006, as contemplated in the Projections, then the equipment could not be worth $936,388 in 1982, as Mr. … Rules of Evidence provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Dixon v. Comm'r

132 T.C. 55 · United States Tax Court · Mar 23, 2009

R argues that the Court cannot require R to pay the requested fees and expenses because sec. 6673(a)(2), I.R.C. , and the law of the case established in Dixon IV require that they be paid or incurred by Ps and they have not … The doctrine is subject to three *78 exceptions: If the decision is clearly erroneous and enforcement would cause manifest injustice; if intervening controlling authority makes *91 reconsideration appropriate; or if substantially

Santulli v. Commissioner

70 T.C.M. 801 · United States Tax Court · Sep 26, 1995

Based on the facts presented, P has not established that there was any realistic possibility that he would be subject to economic loss as a result of his long-term notes. 2. … Petitioner clearly paid very little attention to the activities once they were up and running and his risk of personal liability had been eliminated, or at least postponed.

Marcus v. Commissioner

63 T.C.M. 2810 · United States Tax Court · Apr 21, 1992

However, gross income includes all "accessions to wealth, clearly realized, and over which the taxpayers have complete dominion." Commissioner v. Glenshaw Glass Co. , 348 U.S. 426 , 431 (1955) . … Petitioners failed to prove the existence of a qualified pension plan or when it purportedly was established. They did not introduce either the purported pension plan or any related documents, such as Forms 5500.

Estate of Kanter v. Comm'r

2007 T.C. Memo. 21 · United States Tax Court · Feb 1, 2007

The favorable tax benefits associated with section 351 are subject to several qualifying provisions outlined below. … (including laboratory and physical measurements of potential side effects) and the results of efficacy testing in at least 12 patients in which laboratory parameters of the immune response are measured

THORNSJO v. COMMISSIONER

81 T.C.M. 1700 · United States Tax Court · Jun 6, 2001

This circumstance was clearly reflected in the offering memorandum. … The value of the recyclers was established in Provizer v. Commissioner, supra, and stipulated by the parties.

Perkin-Elmer Corp. v. Commissioner

66 T.C.M. 634 · United States Tax Court · Sep 8, 1993

In any event, superior P-E quality would not explain why the captive tendencies of HC lamps apparently extended across the industry; clearly, not everyone was offering superior quality. … Even the qualified vendor list, although proprietary in some sense, was apparently nothing special in the industry. C.

Kenner v. Commissioner

20 T.C.M. 185 · United States Tax Court · Feb 15, 1961

Clearly, in the face of such a record, the hospital cannot argue "no part of the net earnings" during said years inured to the benefit of any individual. … Clearly, cost, rather than value, should be the basis for inclusion of the hospital assets in net worth.

Cavalaris v. Commissioner

72 T.C.M. 46 · United States Tax Court · Jul 9, 1996

That is clearly not the situation here. Rockefeller v. … Petitioner has provided no evidence to establish the specific activities he undertook on either the first or third trip.

Lagrew v. Commissioner

35 T.C.M. 1389 · United States Tax Court · Sep 30, 1976

Across New Circle Road were business establishments that would not be under the control of the developer of the Woods Point property. 4. … This witness was well qualified as a financial analyst and advisor to numerous persons in connection with their financial affairs and acquisition of assets.

Sparkman v. Comm'r

89 T.C.M. 1418 · United States Tax Court · Jun 13, 2005

The Court does not permit a party to a stipulation to qualify, change, or contradict it except where justice may require. Rule 91(e). Justice does not so require in these cases. … The terms and conditions of the HECO rebate program are not otherwise clearly described in the record.

Estate of Oman v. Commissioner

53 T.C.M. 52 · United States Tax Court · Feb 9, 1987

However, the true cash value of this equipment at the time of decedent's death was clearly in excess of its book value. … Hedenquist then established a cost, year by year, using base machine costs.

Reddam v. Comm'r

103 T.C.M. 1579 · United States Tax Court · Apr 11, 2012

The European-Style Call Options The 689,948 European-style call options, by definition, could be exercised only on their established expiration date of August 20, 1999. … Notwithstanding petitioner’s contentions to the contrary, we find that the evidence reveals the OPIS transaction to be clearly lacking in economic substance.  - 49 - B.

Big Hong Ng v. Commissioner

73 T.C.M. 2900 · United States Tax Court · Jun 2, 1997

A taxpayer must satisfy the specific requirements and underlying purpose of section 1031(a) to qualify for deferral of gain. Bolker v. … A transaction also will not qualify under section 1031 if the person with whom the taxpayer made the exchange was acting as the taxpayer's agent. Coupe, 52 T.C. at 406. Ms.

Krebs v. Commissioner

63 T.C.M. 2413 · United States Tax Court · Mar 18, 1992

Also, CCC had many established business relationships in the industry with rehearsal and recording studios that Citizens Band and Cheryl Krebs could use. … Clearly, petitioner used CCC's reputation for the advantage of Cheryl Krebs and Citizens Band.

Seas Shipping Co. v. Commissioner

24 T.C.M. 1222 · United States Tax Court · Aug 31, 1965

Petitioner wished to sell all its ships to a single purchaser who could continue with its established trade routes and would employ the petitioner's employees. … The same point was clearly made in Black Hardware Co. v. Commissioner, supra.

Manu-Mine Research & Development Co. v. Commissioner

26 T.C.M. 1259 · United States Tax Court · Dec 7, 1967

Petitioner called a well-qualified expert witness on the subject of executive compensation. … Cole is clearly deductible as an ordinary and necessary expense under section 162(a) , supra.

Whistleblower 14376-16W

United States Tax Court · Feb 14, 2024

“Any and all documents that Non-Compliant Taxpayers qualified and/or met the Respondent’s criterion for inclusion in any voluntary disclosure program” including DVD and/or OVDI. 25. … Discovery is not necessary, however, to establish these undisputed facts, which are acknowledged and addressed in the materials included in the designated administrative record. See Lissack v.

Larry G. and Maria A. Walton Mitchell v. Commissioner

131 T.C. No. 15 · United States Tax Court · Dec 15, 2008

benefits payable with respect to a participant under a plan; (2) clearly specifies facts required by section 414(p)(2); and (3) does not alter the amount or form of the plan benefits. … Are courts to read section 7463(b) as prohibiting the use of our decisions in S cases to establish this jurisdictional prerequisite when those decisions are explained by summary opinions? The answer is “no.”