Case law

Gerald A. and Henrietta v. Rauenhorst v. Commissioner

119 T.C. No. 9 · United States Tax Court · Oct 7, 2002

Valid Inter Vivos Gift The requirements of a valid inter vivos gift must be met if the purported gift is to qualify as a charitable contribution under section 170(a). Ferguson v. … Further, WCP’s intentions clearly did not contemplate a direct acquisition of NMG’s property and assets.

Lydon v. Commissioner

23 T.C.M. 135 · United States Tax Court · Feb 4, 1964

The facts clearly refute this claim. We find that petitioner's failure to report this income was due to fraud since these proceeds were taxable income. … Under either petitioner's or respondent's calculation of the selling price, petitioner's sale does not qualify for this treatment.

Young v. Comm'r

92 T.C.M. 228 · United States Tax Court · Sep 6, 2006

Reasonable attorney’s fees may not exceed the rate of $125 per hour (as adjusted for inflation) unless “a special factor, such as the limited availability of qualified attorneys for such proceeding, the difficulty of the … We are not troubled by that discrepancy; Izen clearly based his request for the higher rate on his notion of the market value of his services. See infra Part III.H.1.e.  - 36 - bill”.

McGee v. Comm'r

29 T.C.M. 1106 · United States Tax Court · Sep 2, 1970

These arrangements were formally reflected in participation agreements executed on February 1, 1961, which established these parties' respective ownership of Bednar's and Briggs' interests in the properties and Rosario as … The evidence shows quite clearly that the entire transaction from the exercise of the option by Dallas to petitioners' receipt of title to their 25 percent share of the working interest was planned and carried out to achieve

Garner v. Commissioner

54 T.C.M. 824 · United States Tax Court · Sep 29, 1987

Garner has any education, experience or training which would qualify them for management of a television distribution enterprise. Dr. … Offering no *529 expert opinion, petitioners rely on the record to establish that the purchase price accurately reflects fair market value.

Gleason v. Comm'r

92 T.C.M. 250 · United States Tax Court · Sep 11, 2006

Hence, the record supports that sufficient basis was available to permit the $360,000 distributed during the entity’s FYE 1995 to qualify for tax-free treatment under section 1368(b)(1). … With this threshold showing, the burden shifts to petitioners to establish that they acted with reasonable cause and in good faith.

Podd v. Commissioner

75 T.C.M. 2575 · United States Tax Court · Jun 30, 1998

Based on the record before us, we conclude that petitioners have not established that Mr. … Under the circumstances, we hold that Powertex has failed to establish that it furnished Mr.

Kaleb J. Pierce

United States Tax Court · Apr 7, 2025

Mothers Lounge specifically looked for products that had an established name brand company that it could use as a “punching bag.” … Pickett would qualify each risk by the probability of the risk’s occurring. Given these deficiencies in his explanation of the calculation of the company-specific risk, we reject Mr. Pickett’s calculation.

Boyer

64 T.C.M. 1570 · United States Tax Court · Dec 22, 1992

All of the appraisers qualified as expert witnesses under Rule 143(f) and testified at trial. Mr. … The "business" aspect of the programs was clearly not an area about which petitioners had any knowledge or experience, and they made *817 no efforts to educate themselves in the business aspects of their activity.

Delbert L. and Margaret J. Baker v. Commissioner

122 T.C. No. 8 · United States Tax Court · Feb 19, 2004

AFVW was organized to establish, maintain, endow, and operate continuing care retirement communities (CCRCs) for officers (and their spouses and qualified dependents) of the U.S. uniformed services who are more than 60 … Both methods involve subjective judgments, so neither is immune from differences of opinion.

Mattie Marie Mason v. Commissioner

132 T.C. No. 14 · United States Tax Court · May 6, 2009

It follows that the same evidence that establishes that the Commissioner mailed a notice of deficiency to a taxpayer’s last known address should be sufficient to establish that the Commissioner properly sent a Letter … previously enjoyed the opportunity for judicial review of the underlying liability from raising the underlying liability again in a collection review proceeding, the statute would have been drafted to clearly

Kramer v. Commissioner

72 T.C.M. 1270 · United States Tax Court · Nov 19, 1996

However, petitioner never explained or established the source of these funds. … Portion of underpayment attributable to fraud Once the underpayment is established, respondent need only establish that some portion stems from fraud, sec. 6653(b)(2); Otsuki v.

Turner v. Commissioner

33 T.C.M. 1167 · United States Tax Court · Oct 9, 1974

The computation also reflected Turner's position that the exchange of 75 acres of the Calvert tract for 75 acres of the Belt tract qualifies for nonrecognition of gain under section 1031, Internal Revenue Code of 1954 . … We think the use which Turner made of the loan proceeds is beside the point, although the record establishes that he in fact used such proceeds for good business purposes. 20.

Mark G. Strom

United States Tax Court · May 16, 2024

Strom’s exercise of her InfoSpace stock options in 2000 establishes that he did know or have reason to know of the understatement. … However, the record establishes that, once Ms.

Van Scoten v. Comm'r

88 T.C.M. 560 · United States Tax Court · Dec 6, 2004

contribution for 1991" if they qualify. … We find that petitioners have not established that they relied on Bales in this manner.

Grant v. Commissioner

67 T.C.M. 2669 · United States Tax Court · Apr 18, 1994

For our purposes, it is sufficient to add to Tavern's reported taxable income the gross receipts which respondent clearly and convincingly proves were not included in Tavern's taxable income, see DiLeo v. … Among the concessions are the parties' stipulation that petitioner Beverly Grant qualifies for innocent spouse relief under sec. 6013(e) and is not liable for the deficiency and additions to tax determined for 1983.

William E. Frazier & Mary A. Frazier

United States Tax Court · Jan 8, 2024

Second, they waived the argument that they are entitled to capital gain dividend treatment for the $1,417 amount by failing to clearly raise the argument on brief. See Mendes v. … • For qualified dividends, the $4,636 amount that the parties stipulated is $6 greater than the total amount of qualified dividends determined in the notices of deficiency, $4,630.

Eyefull Inc. v. Commissioner

71 T.C.M. 3066 · United States Tax Court · May 22, 1996

No reserve was established to fund potential liabilities, however. … His experience and  - 49 - qualifications clearly were sufficient to warrant reliance upon his judgment.

Estate of Yeager v. Commissioner

52 T.C.M. 524 · United States Tax Court · Sep 17, 1986

Manning has been duly appointed and qualified as the personal representative of the decedent's estate. The estate is being administered in the Superior Court of Mason County, Washington. … Having taken diametrically opposed views as to the factors to be weighed in valuing the stock involved in this case, the parties "failed successfully to conclude settlement negotiations -- a process clearly more conducive

Anagnoston v. Comm'r

68 T.C.M. 146 · United States Tax Court · Jul 21, 1994

Before determining whether a particular activity arises from or is connected with a trade or business, it must first be established that the transaction in question is bona fide and not a "sham." … In addition, since the property that was sold qualifies as a capital asset and has been held longer than 1 year, the loss should be treated as a long-term capital loss under section 1221.