Case law

R. & J. Furniture Co. v. Commissioner

20 T.C. 857 · United States Tax Court · Jul 24, 1953

Internal Kevenue Code. 2 So to qualify, two statutory prerequisites must be met. … Uncontradicted evidence establishes the value of such receivables at the time to have been approximately $50,613.10.

Continental Illinois Corp. v. Commissioner

94 T.C. 165 · United States Tax Court · Feb 28, 1990

These elements, however, fall far short of establishing a reasonable prospect of recovery on the part of petitioner for its expropriation claims. … There are several factors that support this conclusion: (a) Clearly, petitioner had no right of setoff against Iranian deposits in the United States as long as the freeze order remained in effect.

Meehan v. Commissioner

66 T.C. 794 · United States Tax Court · Jul 29, 1976

The regulations go on to qualify the term as follows: Sec. 1.117-4. Items not considered as scholarships or fellowship grants. … Applied in the context of the instant case, this regulation clearly precludes deduction of the rent and electricity expenses at issue.

Bell v. Commissioner

32 T.C. 839 · United States Tax Court · Jun 30, 1959

We think the facts which have been stipulated by the parties clearly show that 25 per cent of the amounts which petitioner received from the Government of American Samoa in 1952 and 1953 was paid to him as cost-of-living … However, American Samoa was not designated as an area at which territorial cost-of-living allowances were to be paid although it is possible that an area may qualify for both.

Martino v. Commissioner

62 T.C. 840 · United States Tax Court · Sep 23, 1974

Although the legal expenses here are clearly not campaign expenses in the traditional sense — such as advertising, printing, traveling, barbecues, and other outlays designed to influence directly the opinions of individual … Recent decisions of this Court reflect our adherence to the principle established in McDonald whether deductions are claimed for the costs of seeking a public office, Horace E.

Elk Discount Corp. v. Commissioner

4 T.C. 196 · United States Tax Court · Oct 17, 1944

Smith, tJudge: The petitioner concedes that it qualifies as a personal holding company for the calendar years 1938, 1939, and 1940 so far as stock ownership is concerned. … Clearly, if the dealer had not sold the conditional sales contracts and notes to the petitioner, but had collected the installment payments himself, he would not have received interest.

Buehner v. Commissioner

65 T.C. 723 · United States Tax Court · Jan 19, 1976

The four irrevocable CR trusts were established by petitioner between 1962 and 1965. … The CR trusts’ terms clearly indicate that the capital gains were allocable and attributable to corpus.

Law v. Commissioner

86 T.C. 1065 · United States Tax Court · May 22, 1986

costs of the qualified film. … The record does not establish the exact relationship between these companies, but it does establish that, in 1977, they jointly acquired the motion picture rights to "Force Ten From Navarone” from a corporation called High

Columbia Broadcasting System, Inc. v. Commissioner

32 T.C. 39 · United States Tax Court · Apr 10, 1959

. -- The petitioner, owner of radio station KQW, held qualified for relief under the commitment provision of section 722(b)(4) as a result of its actions during the base period in attempting to become the San Francisco Bay … A number of things which the petitioner did to improve its position cannot be regarded as clearly evidencing a commitment.

Southland Industries, Inc. v. Commissioner

17 T.C. 1551 · United States Tax Court · Mar 21, 1952

We shall first consider whether petitioner has established (1) above. … We think that the record clearly indicates that petitioner made a substantial change.

Vaira v. Commissioner

52 T.C. 986 · United States Tax Court · Sep 24, 1969

Adjustments to Basis for Improvements In 1954, Peter made expenditures to establish, the private-brand service station. … It is well established that the value of Peter’s services may not be considered an expenditure. Cf. Marks v.

Adams v. Commissioner

70 T.C. 373 · United States Tax Court · May 31, 1978

Conklin, was qualified to express an opinion as to the replacement or reproduction cost of the building situated on the property. … The legislative history of section 4941 clearly indicates that actual harm to the foundation is not an implied element in the definition of self-dealing.

Blum Folding Paper Box Co. v. Commissioner

25 T.C. 721 · United States Tax Court · Jan 13, 1956

The facts, we think, clearly establish petitioner’s qualification for relief under subsection (b) (4), both by reason of a change in management and a change in capacity for production. … The statute imposes no conditions as to the underlying causes for the qualifying changes.

Russo v. Commissioner

68 T.C. 135 · United States Tax Court · Apr 28, 1977

This testimony is relied upon by the petitioner to establish her assertion, but it falls far short of doing so. … The Supreme Court’s reversal, of the Eighth Circuit’s holding clearly indicates that consideration flowing to the seller is not necessary for a "sale.”

Walker v. Commissioner

30 T.C. 278 · United States Tax Court · May 14, 1958

a deduction from gross income, and the requirement that one seeking a deduction must bring himself clearly within a statutory provision authorizing the same is not vitiated by that policy. … The “setting aside” necessary to qualify an amount for deduction must be accomplished by the will of the donor and is not accomplished by the act of a fiduciary independent of such testamentary provision.

Benninghoff v. Commissioner

71 T.C. 216 · United States Tax Court · Nov 20, 1978

Upon the facts presented, the only relationship established between the employer and the lodging is that of ownership. No significant employer activities occur at petitioner’s residence. … We note that the factual circumstances of Inman clearly indicate that significant employee duties were performed at the park ranger’s residence.

Hart-Bartlett-Sturtevant Grain Co. v. Commissioner

12 T.C. 760 · United States Tax Court · May 12, 1949

We must never lose sight of the fundamental purpose of the legislation, which was to establish a measure by which the amount of profits which were “excess” could be judged. … The question then is simply whether or not these sums qualify as borrowed invested capital within the intent of the statute and under the disputed regulation.

Gammill v. Commissioner

62 T.C. 607 · United States Tax Court · Aug 13, 1974

The guidelines for applying collateral estoppel in a tax case are clearly expounded in the landmark decision of Commissioner v. Sunnen, supra. … Regis Paper Co. in the ordinary course of business, thus failing to qualify for capital gain treatment under section 1221.

ADVO, Inc. & Subsidiaries v. Commissioner

141 T.C. 298 · United States Tax Court · Oct 24, 2013

By adopting these regula- tions, Treasury clearly intended a different interpretation of these terms. … the qualifying activ- ity was occurring?

Noell v. Commissioner

66 T.C. 718 · United States Tax Court · Jul 19, 1976

Finally, respondent argues that there is no evidence establishing a useful life of the airport runway and two adjacent taxiways from which an investment tax credit can be established. … Sec. 46(c) provides: (c) Qualified Investment.— (1) In general. — For purposes of this subpart, the term “qualified investment” means, with respect to any taxable year, the aggregate of— (A) the applicable percentage of the