Case law

Mootz v. Comm'r

94 T.C.M. 362 · United States Tax Court · Oct 4, 2007

Background The record establishes and/or the parties do not dispute the following. … BALANCING THE NEED FOR EFFECTIVE COLLECTION OF THE TAX WITH LEGITIMATE TAXPAYER CONCERN THAT COLLECTION AC- TIONS BE NO MORE INTRUSIVE THAN NECESSARY Filing of the Notice of Federal Tax Lien was clearly intrusive, and has

Hansen v. Comm'r

88 T.C.M. 504 · United States Tax Court · Nov 24, 2004

(2) You must inform me of the amount of Partnership liabilities I have personally assumed in order to increase my tax basis and qualify for income tax deductions. … Furthermore, the promotional materials that petitioners received had clearly indicated that there were substantial tax risks in making an investment.

Steiner v. Commissioner

69 T.C.M. 2176 · United States Tax Court · Mar 22, 1995

For the protection of the other shareholders, the conversion should not occur until it could be determined with confidence that the qualifying event had really occurred. … Respondent urges that the Forms 4 and the Form 10-K reports to the SEC "do not independently establish ownership rights or effective dates of ownership for the stock listed on the forms."

Parker Tree Farms, Inc. v. Commissioner

46 T.C.M. 493 · United States Tax Court · Jun 20, 1983

Parker qualifies for the sick pay exclusion with respect to wages received from Parker Tree Farms, Inc., and J.D. Parker & Sons, Inc., in the years 1968, 1969, and 1970; 8. … The summary clearly states that $829.91 of the amount received on May 5 and $14,320.06 of the amount received on July 24 constitutes interest. Petitioner did not report any interest on its 1969 return and J. D.

Wagner v. Commissioner

17 T.C.M. 569 · United States Tax Court · Jun 16, 1958

Johnson each were given a qualifying share. … Aerocoach established a line of credit and borrowed from the American State Bank at Milwaukee.

Sandvik, Inc. v. Commissioner

52 T.C.M. 1181 · United States Tax Court · Dec 17, 1986

Gray clearly and convincingly explained the proper percentage attrition rate. Furthermore, Mr. … He, however, also considered patent validity and technological feasibility in his approach, matters clearly within his expertise. Here, Mr.

Anaheim Arena Management, LLC, H&S Investments I, LP, a Partner Other Than the Tax Matters Partner

United States Tax Court · Jun 30, 2025

This should not be read as a legal conclusion that the return AAM received on the advances qualifies as “interest” for tax purposes. … The obligations given the seventh and tenth priorities are not so firm as to be clearly characterized as debt.

Anaheim Arena Management, LLC, H&S Investments I, LP, a Partner Other Than the Tax Matters Partner

United States Tax Court · Jul 8, 2025

This should not be read as a legal conclusion that the return AAM received on the advances qualifies as “interest” for tax purposes. … The obligations given the seventh and tenth priorities are not so firm as to be clearly characterized as debt.

World of Serv. v. Commissioner

70 T.C.M. 792 · United States Tax Court · Sep 26, 1995

Johnson established Elegance, a company that marketed specialty gifts. … Only a bona fide debt, arising from a "debtor-creditor relationship based upon a valid and enforceable obligation to pay a fixed or determinable sum of money", qualifies for a deduction under section 166.

Estate of Malkin v. Comm'r

98 T.C.M. 57938 · United States Tax Court · Sep 16, 2009

In June 1998, decedent executed documents establishing JRM Trust I and MM Trust I. Mr. Hafter and Ms. … On March 1, 2000, decedent executed documents establishing the CRFLP trusts. Mr. Hafter and Ms.

Schwartz v. Commissioner

68 T.C.M. 63 · United States Tax Court · Jul 13, 1994

For 1983 (and 1984) the Partnership, with only three partners, qualifies under the "small partnership" exception of section 6231(a)(1)(B)(i). … It clearly appears that the amount of the underpayment so attributable exceeds $ 1,000. The entire underpayment for 1981 results from the disallowed depreciation deduction and investment credit.

Gerhart v. Commissioner

61 T.C.M. 1745 · United States Tax Court · Jan 29, 1991

In addition, included in the materials was a letter issued to Metro by the law firm of Bushkin, Kopelson, Gaims & Gaims, providing the firm's legal opinion that Metro's videotape investment offerings qualify for favorable … Clearly, petitioner and Metro knew there would be no default in the first 5 years; for it was to petitioner's advantage to pay the required interest so as to receive the related tax benefits, i.e., deduction of the interest

Pechiney Ugine Kuhlmann Corp. v. Commissioner

51 T.C.M. 1210 · United States Tax Court · Jun 17, 1986

Respondent has stipulated that petitioner and Interpan were two completely separate and distinct entities, and the record establishes a clear severance of control over the Howmet debentures. … These facts are clearly beyond the application of a sham transaction theory. Cf. Falsetti v. Commissioner, 85 T.C. 332 (1985) . To reflect prior concessions and the foregoing, Decision will be entered under Rule 155.

Drake v. Comm'r

92 T.C.M. 37 · United States Tax Court · Jul 24, 2006

The record clearly demonstrates not only that petitioner failed to submit a viable offer-in-compromise for the consideration of respondent’s Appeals officer, but that Settlement Officer O’Shea and Appeals Officer Kaplan … - 44 - To qualify as the prevailing party, the individual must substantially prevail with respect to either the amount in controversy or the most significant issue or set of issues

Southeastern Canteen Co. v. Commissioner

26 T.C.M. 891 · United States Tax Court · Sep 19, 1967

Later, Southeastern established warehouse and refrigeration facilities in Monroe County, Michigan. … The record clearly reflects the fact that Southeastern operated the "Canteens" at Revco under such a franchise agreement with Automatic.

Estate of Glover v. Comm'r

84 T.C.M. 120 · United States Tax Court · Aug 2, 2002

Ross failed to qualify or ceased to act. 5 The bequest was to establish and perpetuate the Frances Cheney Glover Endowment Fund to be used for the support of academic development of veterinary staff and … If the payor’s intent cannot be clearly discerned from the settlement agreement, the payor’s intent must be  - 31 - determined from all the facts and circumstances of the case.

Full-Circle Staffing, LLC, Watchman Investment Trust, Financial & Tax Services, Inc., Trustee, Tax Matters Partner v. Commissioner

2018 T.C. Memo. 66 · United States Tax Court · May 17, 2018

Nevertheless, respondent has clearly established that Watchman was a sham. 11 The Court of Appeals for the Fifth Circuit, to which these cases are appealable, has stated that for the presumption of correctness … Respondent has not established that it was not reasonable for the Pudlos to rely on either of them.

Suzanne J. Pierre v. Commissioner

133 T.C. No. 2 · United States Tax Court · Aug 24, 2009

-43- entity, the Court of Appeals clearly stated that, at least for payroll tax purposes (under the preamendment version of the regulation), the limited liability that local law accorded … Rul. 9739014 (June 26, 1997) (a single-member LLC is a qualified subchapter S shareholder because the LLC is disregarded under the regulations).

Estate of Andrews v. Comm'r

93 T.C.M. 891 · United States Tax Court · Feb 7, 2007

Because there is no evidence in the record that establishes Mr. Andrews will incur any additional costs, we reject petitioners’ argument. … Cochran determined that petitioners did not qualify for an offer-in-compromise.

WIEST v. COMMISSIONER

2002 T.C. Summary Opinion 32 · United States Tax Court · Apr 2, 2002

In this regard, the record establishes that Mr. … The record does establish that Mr.