Case law

Winokur v. Commissioner

90 T.C. 733 · United States Tax Court · Apr 21, 1988

The Carnegie Institute is a qualifying tax-exempt organization under section 501(c)(3). … Petitioner is an individual with a long and established reputation and expertise in, and devotion to, the specific artists who created the works in question. He has collected their works for over 40 years.

Knollwood Memorial Gardens v. Commissioner

46 T.C. 764 · United States Tax Court · Sep 28, 1966

sale was $1,800 to qualify for installment reporting. … (Manny) Kolkey, supra; and Gooding Amusement Co., 23 T.C. 408 (1954), affd. 236 F. 2d 159 (C.A. 6, 1956), all decided many years after Kensico and Forest Lawn, have clearly established the proposition that an interest which

Larson v. Commissioner

66 T.C. 159 · United States Tax Court · Apr 27, 1976

This is borne out by the fact that in order to qualify as a corporation, the entity must possess more corporate than noncorporate characteristics. Sec. 301.7701-2(a)(3), Proced. & Admin. Regs. … The right to remove and replace the general partner seems to me clearly to be subsumed within the characteristic of centralized management, and Judge Simpson’s viewing it as a separate corporate characteristic appears to

Mass v. Commissioner

81 T.C. 112 · United States Tax Court · Aug 17, 1983

In finding that the payments made by the husband after the wife’s remarriage were not qualified under section 71(a), we stated: In any event, it is established under Illinois law that where an agreement is incorporated into … These factual circumstances in Hoffman are clearly distinguishable from those in the case now before us.

Keith v. Commissioner

115 T.C. 605 · United States Tax Court · Dec 28, 2000

is “‘clearly unlawful’” or “‘plainly arbitrary’”. … Additionally, although a further exception can permit use of the installment method for sales of residential lots, see sec. 453(1)(2)(B), the record before us fails to establish that petitioners could qualify under this provision

Kast v. Commissioner

78 T.C. 1154 · United States Tax Court · Jun 29, 1982

the definition of income an item that otherwise would clearly constitute income, it is to be narrowly construed. … QUALIFIED STOCK OPTIONS.

Crosby Valve & Gage Co. v. Commissioner

46 T.C. 641 · United States Tax Court · Aug 22, 1966

The foundation was established in .the late 1940’s. Abraham Stone, a brother of Harry K. Stone and Dewey Stone, was secretary and a trustee of the foundation. … We must conclude that such criteria are clearly applicable to a charitable deduction under § 170.

Brown Paper Mill Co. v. Commissioner

23 T.C. 47 · United States Tax Court · Oct 15, 1954

Apart from establishing these qualifying events, petitioner must also provide a basis from which we may determine a fair and just amount representing such reconstructed earnings. … The record clearly establishes that both the McDonalds and the Sutherlands were “substantially different processes of manufacturing” within the contemplation of section 722 (b) (4) and Regulations 112, section 35.722-3 (d

Graev v. Commissioner

140 T.C. 377 · United States Tax Court · Jun 24, 2013

conservation contribution’’—a term defined in section 170(h)(1) as a contribution of a ‘‘qualified real property interest,’’ to a ‘‘qualified organization … —Unless the Secretary otherwise establishes by regulations, a written determination may not be used or cited as precedent.’’

Helms Bakeries v. Commissioner

23 T.C. 967 · United States Tax Court · Mar 11, 1955

Assuming, but not deciding, that the economic circumstances which petitioner contends acted as a depressant to its average base period net income qualify petitioner for relief under section 722 (b) (2), we are nevertheless … The evidence establishes, in our opinion, that productive capacity did not operate materially to restrict petitioner’s sales during the first two base period years, 1936 and 1937.

Estate of Allensworth v. Commissioner

66 T.C. 33 · United States Tax Court · Apr 6, 1976

Allensworth (marital trust) qualifies for the marital deduction under section 2056 of the Internal Revenue Code of 1954. … An admission of a matter involving the application of law to fact may, in a given case, even more clearly narrow the issues.

Metrocorp, Inc. v. Commissioner

116 T.C. 211 · United States Tax Court · Apr 13, 2001

The stipulated facts clearly establish that Metrobank paid the fees in order to acquire the assets and deposits it wanted to acquire. … The majority’s conclusion that Metrobank paid the exit fee for insurance it had already received is clearly wrong. As the majority opinion clearly states, the exit fee was paid to the SAIF. See id.

Klein Chocolate Co. v. Commissioner

32 T.C. 437 · United States Tax Court · May 29, 1959

Each group of products shall be clearly described.” … The qualifying conditions specified are where the failure or inability to replenish the inventory is due to enemy capture or control of sources of limited foreign supply, to shipping or other transportation shortages, to

Gamman v. Commissioner

46 T.C. 1 · United States Tax Court · Apr 4, 1966

Raum, /., dissenting: In subchapter S of chapter 1 of the 1954 Code, as amended, Congress has accorded specified benefits to certain corporate taxpayers that qualify as “small business corporation[s],” and it has defined … In my judgment this regulation falls within the Commissioner’s rule-making power, and should be sustained since it is clearly not inconsistent with the statute.

Latrobe Steel Co. v. Commissioner

62 T.C. 456 · United States Tax Court · Jul 3, 1974

Rui. 54-608 the Commissioner changed this rule to provide that an employer is entitled to deduct vacation pay in the year when the fact of liability to a specific person has been clearly established and the amount of the … vacations with pay to qualified employees.

Halquist v. Commissioner

33 T.C. 304 · United States Tax Court · Nov 25, 1959

We feel that petitioners have established that the rough uncut blocks of their Lannon stone were not commercially marketable until cut or sawed into finished dimension or building stone. … grade limestone any more than it should be limited to a 5 per cent rate because it also qualifies as stone.

Estate of McMillan v. Commissioner

76 T.C. 170 · United States Tax Court · Jan 29, 1981

Stock owned by the estate consisted mainly of utility issues and other established corporations. … The interest thus passing to Mary therefore does not qualify for the marital deduction.

Halliburton Co. v. Commissioner

98 T.C. 88 · United States Tax Court · Feb 4, 1992

In 1986, Halliburton established the IMCO plan as a spinoff from the Halliburton plan, and Halliburton requested that respondent make a determination of whether the IMCO plan initially qualified. … In fact, Rule 211(c)(4)(E) clearly contemplates that an interested party may file a petition seeking declaratory judgment action prior to the issuance of a notice of determination.

American Campaign Academy v. Commissioner

92 T.C. 1053 · United States Tax Court · May 16, 1989

A timely petition made under section 7428(a) confers jurisdiction on this Court to declare whether the petitioning organization initially qualifies or continues to qualify under section 501(c)(3) as an exempt section 501( … Petitioner argues that the above rulings establish that organizations which restrict benefits to identified classes demarked by industrial or geographic limitations may, nonetheless, qualify as exempt if the benefited class

Dumaine Farms v. Commissioner

73 T.C. 650 · United States Tax Court · Jan 9, 1980

Also, you have not established that you are operated for public rather than private interests. … Besides qualifying as “research,” for an activity to qualify as scientific, it must also benefit the public.