Case law

Glass v. Commissioner

76 T.C. 949 · United States Tax Court · Jun 8, 1981

Prior to 1975, it was well-established law that the recipient of a lease bonus under an oil and gas lease could compute depletion on the basis of either the cost or the percentage method. See, e.g., Herring v. … Clearly, therefore, oil and gas lease bonuses fall within the general prohibition of this rule. We conclude that none of petitioners’ lease bonuses qualify for the percentage depletion deduction.

Ortmayer v. Commissioner

28 T.C. 64 · United States Tax Court · Apr 17, 1957

Our findings of fact demonstrate, to the contrary, that a binding debtor-creditor relationship was intended and established when the funds were loaned and the notes executed and delivered. … That the excess so canceled (which cancellation was clearly not intended as a gift, cf. Commissioner v. Jacobson, 336 U.

Achiro v. Commissioner

77 T.C. 881 · United States Tax Court · Oct 19, 1981

In so doing, respondent stated: "These allocations are made to you [Tahoe City Disposal] from A & R Enterprises, Inc., in order to clearly reflect your income and A & R Enterprises, Inc. income.” … from the factual bases and rationale necessary to establish that sections 482, 269, 61, and 414(b) do not apply to the present situation.

Peters v. Commissioner

21 T.C. 55 · United States Tax Court · Oct 15, 1953

An organization devoted primarily to social ends does not qualify, but social welfare is a very different thing. The term “social” is narrow and primarily self serving. … The evidence clearly shows that the dominant purpose in establishing and maintaining the Foundation was to provide convenient swimming and recreation facilities for all persons residing in Cold Spring Harbor school district

Globe Mortg. Co. v. Commissioner

14 T.C. 192 · United States Tax Court · Feb 14, 1950

The real question at issue, then, is whether the indebtedness qualifies as borrowed invested capital within the intent of the statute and regulations. Player Realty Co., 9 T. … The facts of that case are clearly distinguishable from the facts in this case.

Richmond Hill Sav. Bank v. Commissioner

57 T.C. 738 · United States Tax Court · Mar 13, 1972

We need not pass on whether the word “deposits” in section 593(b) (1) (B) (ii) should be construed to be all-inclusive since the use of the word “deposits” in section 593 (e) (1) (C) is clearly limited to those deposits which … one taxable year of the creditor and ending in its next taxable year, is made or acquired and then repaid or disposed of, unless the transactions by which such loan was made or acquired and then repaid or disposed of are established

Seltzer v. Commissioner

10 T.C. 810 · United States Tax Court · May 12, 1948

In the last quoted clause, the ■words “as grantor” are clearly implied, viz., “I [as grantor] reserve the right to add other properties to the trust estate.” … It is refuted by the use of the qualifying phrase “who are twenty-one (21) years or more of age.” Presumably grantor’s wife and her two sisters were 21 years or more of age.

Yarlott v. Comm'r

78 T.C. 585 · United States Tax Court · Apr 12, 1982

Yarlott, Jr., during the years in issue qualify for exclusion from gross income pursuant to section 117,1.R.C. 1954. FINDINGS OF FACT Some of the facts have been stipulated and are so found. … Circuit precedent as established by Leathers v.

Columbia Iron & Metal Co. v. Commissioner

61 T.C. 5 · United States Tax Court · Oct 2, 1973

At all times relevant, contributions to each of the three organizations qualified for charitable deductions under section 170 of the Internal Revenue Code of 1954. 1 In its return for 1969, the petitioner claimed deductions … Moreover, neither the statute nor the regulations clearly make the submission of the resolution and written statement a sine qua non for the deduction.

Mohamed K. Abdo & Fardowsa J. Farah

United States Tax Court · Apr 2, 2024

(2) Qualified taxpayer. … According to respondent, this approach “clearly was not required by the language” of the statute.

Smith v. Commissioner

140 T.C. 48 · United States Tax Court · Feb 28, 2013

In other words, for the majority, petitioner’s expatriation is not, in and of itself, sufficient to qualify her for an extended (150-day) period to file a petition. G. … A waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” United States v. King, 395 U.S. 1, 4 (1969).

Suburban Transp. System v. Commissioner

14 T.C. 823 · United States Tax Court · May 15, 1950

We said in our opinion: We think the evidence before us clearly proves that “during * * * the base period” petitioner “changed the character” of its business. … of income, in 1938 and 1939 as its old established routes.

Feichtinger v. Commissioner

80 T.C. 239 · United States Tax Court · Jan 20, 1983

We could then leave to respondent the task of filling in, with amendments to the regulations, appropriate language more clearly dealing with the problem we face here. Compare BBS Associates, Inc. v. … "Conceivably an attempt might be made to secure uniform application of the minimum funding standards by authorizing the Secretary of the Treasury or some other authority to establish the specific actuarial assumptions and

Bolker v. Commissioner

81 T.C. 782 · United States Tax Court · Oct 20, 1983

Nonetheless, having considered the factors established by the Supreme Court in Court Holding and Cumberland, we conclude that in substance as well as form, the exchange was made by Joseph. … Thus, the evidence clearly establishes, and we find, that in substance the transaction with SCS was negotiated by petitioner and not by Crosby.

Partners In Charity Inc. v. Commissioner

141 T.C. No. 2 · United States Tax Court · Aug 26, 2013

Partners In Charity, Inc. intends to have a community-based Board of Directors once it established a track record and can attract qualified community-based individuals to serve. … The revenue procedure’s first requirement is that-- [t]he organization establishes for each project that (a) at least 75 percent of the units are occupied by residents that qualify as low- income

Godfrey Food Co. v. Commissioner

18 T.C. 1083 · United States Tax Court · Sep 24, 1952

The losses attributable to Coonan’s mismanagement and thefts cannot be considered here as qualifying factors because they were not relied upon in petitioner’s claims for relief and the facts pertaining thereto were not presented … (a) General Rule. — In any case in which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Albert Mark Fonda

United States Tax Court · Jun 5, 2025

In petitioner’s words, this supposed rescission of contract “established my natural birthright and declared myself as the beneficiary, not the trustee for the STATE-created contracts or trusts established … Gross income likewise includes distributions from a qualified retirement plan. See §§ 61, 72(a)(1), 408(d)(1).

Nelson v. Commissioner

30 T.C. 1151 · United States Tax Court · Aug 21, 1958

Petitioners returned to the United States on March 13, 1953, and established residence near Pasco, Washington. … The record fails to establish that they were bona fide residents of a foreign country or countries for a period which included an entire taxable year.

Barnes v. Comm'r

130 T.C. 248 · United States Tax Court · Jun 11, 2008

In sum, pursuant to the regulations, petitioner’s second Form 8857 was not a qualifying request for relief, and petitioner was not entitled to a second final administrative determination of relief with respect thereto. … The record does not clearly establish how the Letter 3657C was mailed, but we are not prepared to say that improper mailing of an otherwise valid final notice of determination would deprive this Court of jurisdiction.

Albert Mark Fonda

United States Tax Court · Jun 23, 2025

In petitioner’s words, this supposed rescission of contract “established my natural birthright and declared myself as the beneficiary, not the trustee for the STATE-created contracts or trusts established … Gross income likewise includes distributions from a qualified retirement plan. See §§ 61, 72(a)(1), 408(d)(1).