Case law

Peek v. Commissioner

45 T.C.M. 1382 · United States Tax Court · Apr 25, 1983

All sealed bids submitted prior to the advertised sale date that are equal to or exceed the advertised rates are designated as qualifying bids. … Under these circumstances, we are unable to conclude that petitioner has established that the size of the PG&E property affected its selling price.

Estate of Mueller v. Commissioner

63 T.C.M. 3027 · United States Tax Court · May 18, 1992

Thus, only two family-designated directors clearly recorded yes votes at the meeting. Three days later, on March 24, 1986, decedent died. … Commissioner, supra , where we held that the attorney's privilege of confidentiality does not apply to appraisers and decided that Willamette could qualify as respondent's expert over the taxpayers' objection.

Ruud v. Commissioner

28 T.C.M. 1284 · United States Tax Court · Nov 26, 1969

The first is the amount of petitioners' bases in these properties and the second is the cost to petitioners of qualifying replacement properties. … The facts here clearly show some value of the Compressed stock at the end of 1954 and neither party contends that this stock did not have value at the beginning of 1955.

Estate of Bailey v. Comm'r

83 T.C.M. 1862 · United States Tax Court · Jun 17, 2002

(C&L Bailey); (2) the date-of-death value of a 25-percent interest in C&L Bailey that was held in a  - 2 - qualified terminable interest property (QTIP) trust established by decedent’s predeceased … In any event, the evidence in the record does not credibly establish petitioner’s entitlement to the relief sought.

Miller v. Commissioner

19 T.C.M. 475 · United States Tax Court · May 9, 1960

No, sir, except as I qualified in the earlier statement as to the times I felt reasonably sure it did occur." Still later in his testimony, Murphy stated as follows: "Q. Mr. … In any event, the transactions that followed the exercise of the option indicate quite clearly that it was petitioner who exercised the option.

McDaniel v. Commissioner

3 T.C.M. 826 · United States Tax Court · Aug 7, 1944

Trautwein 1 share The shares issued to Roby and Trautwein were held as qualifying shares for petitioner and Plummer, respectively. … The evidence seems to well establish that fact.

Thomas M. Comparini & Vicki Comparini v. Commissioner

143 T.C. 274 · United States Tax Court · Oct 2, 2014

Although the information you submitted did not qualify for an award, thank you for your interest in the administration of the internal revenue laws. … The letters clearly embodied ‘‘a final administrative decision regarding 290 143 UNITED STATES TAX COURT REPORTS (274) petitioner[s’] whistleblower claims,’’ Cooper v.

Livingston v. Commissioner

25 T.C.M. 277 · United States Tax Court · Mar 10, 1966

Respondent in his notice of deficiency disallowed the claimed capital loss of $329,925.10 with respect to the liquidation of Five Points with the explanation that petitioners had failed to establish that they were entitled … There is therefore no real problem with respect to this item and it clearly *282 is a part of the paid-in capital and a part of petitioner's basis in his stock.

Alpha Medical v. Commissioner

74 T.C.M. 893 · United States Tax Court · Oct 14, 1997

However, his experience has not been a solitary one; he has been assisted by a hard-working and well-qualified management team, and in particular by Worley. … Thus, the facts of those cases and the case at hand are clearly distinguishable.

Dixon v. Commissioner

77 T.C.M. 1630 · United States Tax Court · Mar 30, 1999

They could refuse immunity. c. They could claim Alexander was an associate/ conspirator with Kersting. d. … Izen was well aware that respondent intended to rely on the so-called comfort letters to establish the same point. Mr.

Estate of Iaconi v. Commissioner

20 T.C.M. 502 · United States Tax Court · Apr 13, 1961

The record clearly establishes that the funds of these corporations were under Iaconi's control. … Fraud is never *333 presumed; it must be established by clear and convincing proof.

ESTATE OF FRANK JOHNSON v. COMMISSIONER

2001 T.C. Memo. 182 · United States Tax Court · Jul 20, 2001

Each omission of income resulted in a deficiency in tax; Frank and Katherine’s omissions of income over the years in issue, thus, clearly and convincingly establish underpayments of tax for 1983 through 1990.26 See, … qualified earned income for  - 100 - the taxable year.

Fry v. Commissioner

61 T.C.M. 1812 · United States Tax Court · Feb 11, 1991

Although loans qualify transfers as nontaxable *104 receipts of funds, the evidence presented clearly contradicts the assertion that all of the transfers were loans. … However, the mere failure to report income is not sufficient to establish fraud. Merritt v.

Medd v. Commissioner

27 T.C.M. 1224 · United States Tax Court · Oct 22, 1968

shall occur: (a) If Lark shall at any time fail or refuse to pay over to Ar-Tik any sum of money received by Lark for the account of Ar-Tik under the terms and provisions hereof; or (b) If Lark shall not continue to be qualified … Such payment established the substantially complete accuracy of petitioner's accrual for 1955.

Addressograph-Multigraph Corp. v. Comm'r

4 T.C.M. 147 · United States Tax Court · Feb 5, 1945

The evidence was directed toward establishing the charge of error contained in the amendments. … Clearly it lies somewhere between the two extremes.

Stankevich v. Commissioner

64 T.C.M. 460 · United States Tax Court · Aug 13, 1992

Petitioners contend that their expenditures here in issue qualify under the statutory standard. … Agra's employees and officers assisted in the promotion of these partnerships and clearly influenced the activities of the partnerships. The partnerships failed to maintain their records in a businesslike fashion.

Tudyman v. Commissioner

71 T.C.M. 2950 · United States Tax Court · May 2, 1996

Graham is a structural engineer and is better qualified to evaluate the foundation than Halpin. … Petitioner did not establish the basis she had in property that she received by gift or inheritance.

May v. Commissioner

3 T.C.M. 733 · United States Tax Court · Jul 22, 1944

[The Facts] All of the trusts were established October 1, 1917, the grantors, Edwin C. May, Herbert L. May, and Walter A. … May 1931 Trust [The Facts] This trust was established by Herbert L. May on March 21, 1931.

McKay v. Commissioner

52 T.C.M. 820 · United States Tax Court · Oct 20, 1986

It is not entirely clear what payments were included in the $1,500 arrearage established in the divorce decree. … Applied in the context of the instant case, this regulation clearly precludes deduction of the rent and electricity expenses at issue.

David H. Melasky & Audrey Melasky v. Commissioner

151 T.C. No. 9 · United States Tax Court · Oct 10, 2018

The total necessary expenses establish the minimum a taxpayer and family needs to live.” IRM pt. 5.15.1.7(1) (Oct. 2, 2009). … Petitioners’ premise is clearly incorrect. The Farkas will explicitly provides that the trustee of the Farkas trust “may distribute” to Mrs.