Case law

Phi Delta Theta Fraternity v. Commissioner

90 T.C. 1033 · United States Tax Court · May 16, 1988

Petitioner argues that the pubhcation of the ScroU magazine qualifies within the educational purview of section 170(c)(4). … We find petitioner’s expert’s perspective to be too narrow and his understanding of the term “educational” not to properly fit within the established tax law concepts.

Ann Jackson Family Found. v. Commissioner

97 T.C. 534 · United States Tax Court · Nov 12, 1991

Print 1981). 7 Petitioner argues that the legislative history shows clearly that Congress deliberately intended to reheve split-interest trusts from the mandatory distribution requirement applicable to private foundations … 80 T.C. 252 (1983), where a regulation was held invalid, which sought to modify a statutory provision keyed to the “par or stated value” of the outstanding stock of a corporation claiming DISC status under section 992 by establishing

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

Runyon v. Commissioner

8 T.C. 350 · United States Tax Court · Feb 19, 1947

This is not sufficient to qualify either of these debts as one that became worthless within the taxable year. 5 Mertens Law of Federal Income Taxation, p. 416, ¶30.42, citing authorities. … We think the facts clearly establish that during 1941 Walter, Jr., rendered “vital” additional services to the partnership of Mid-South Paving' Co. within the rule of the Tower and Lusthaus cases, supra, and was entitled

Shull v. Commissioner

34 T.C. 533 · United States Tax Court · Jun 23, 1960

Sections 13-62 and 18-72 merely contain grants of power to the directors to do such acts as disposing of all of the property of a corporation, a power the directors would not ordinarily have since such acts are clearly beyond … Section 112(b) (7) (C) provides as follows : (C) Qualified Electing Shareholders. — The term “qualified electing shareholder” means a shareholder (other than an excluded corporation) of any class of stock (whether or not

Scott Paper Co. v. Commissioner

74 T.C. 137 · United States Tax Court · Apr 28, 1980

No part of the primary electric could qualify as section 38 property unless the entire system qualified. … These factors clearly show that the physical makeup of the primary electric is attributable to the variety of power demand at the facility.

Hudson City Sav. Bank v. Commissioner

53 T.C. 70 · United States Tax Court · Oct 23, 1969

The fact that an item may not qualify as a deduction for section 591 purposes in a particular year does not mean it cannot qualify as a “liability” for section 593 purposes in such year. … The amount of interest fully qualifies -as a “liability” for purposes of section 593.

Outwin v. Commissioner

76 T.C. 153 · United States Tax Court · Jan 28, 1981

Heller & Co., 204 So. 2d 856 (Miss. 1967), relied on by petitioner, is clearly distinguishable. … A clearly measurable standard under which the holder of a power is legally accountable is such a standard for this purpose.

Hydraulic Press Mfg. Co. v. Commissioner

27 T.C. 278 · United States Tax Court · Nov 9, 1956

The evidence clearly shows that prior to January 1,1940, the petitioner was committed to a course of action calling for the construction of an addition to its plant. … This reconstruction is based upon all the qualifying factors contended for in petitioner’s various applications for relief and amendments thereto, the principal qualifying factor being the commitment for increased capacity

Advo, Inc. & Subsidiaries v. Commissioner

141 T.C. No. 9 · United States Tax Court · Oct 24, 2013

By adopting these regulations, Treasury clearly intended a different interpretation of these terms. (continued... … The Supreme Court has established a two-prong test for determining whether to afford an agency pronouncement Chevron deference.

Paparo v. Commissioner

71 T.C. 692 · United States Tax Court · Jan 29, 1979

As the facts clearly indicate, the resolution of this issue is not in petitioners’ favor. … We do not reach the question of whether to constitute a plan, the terms of the arrangement must be firm and fixed and the steps clearly integrated.

McDonald v. Commissioner

66 T.C. 223 · United States Tax Court · May 5, 1976

Failure to establish any one of these criteria suffices to preclude application of section 119. Gordon S. Dole, supra. … Clearly petitioners realized an economic gain to the extent that Gulf provided them with lodging, the cost of which they would otherwise have incurred in order to live in Tokyo.

De Groff v. Commissioner

54 T.C. 59 · United States Tax Court · Jan 26, 1970

The license agreement was obviously not entered into at arm’s length and clearly did not in fact govern and was not intended to govern the business relationships between Medco Electronics and DeGroff. … Indeed it has already been well established that no such exchange for their interest is required in such circumstances. See Ralph C.

Mariani Frozen Foods, Inc. v. Commissioner

81 T.C. 448 · United States Tax Court · Sep 21, 1983

But more important, in order that income may be clearly reflected for any taxable year, it is necessary to reflect the state tax liabilities for that year. … This requirement has been adopted by several other circuits: "we hold that Davant establishes criteria which adequately define when a reorganization qualifies as a mere change in form, identity, or place of incorporation.

Aagaard v. Commissioner

56 T.C. 191 · United States Tax Court · Apr 28, 1971

On the record herein, we hold that petitioners failed to establish the worthlessness of their Mill Fab stock in 1965. … We have already held that the Camden Road property qualified as petitioners' “old residence.”

Ditunno v. Commissioner

80 T.C. 362 · United States Tax Court · Feb 7, 1983

In particular, petitioner asserts that his gambling losses were trade or business deductions, qualifying as deductions from gross income under section 62(1). … As a result, he argues that petitioner’s gambling loss deductions did not qualify under section 62 as deductions from gross income allowable in computing adjusted gross income.

Frantz v. Commissioner

83 T.C. 162 · United States Tax Court · Aug 7, 1984

Petitioner’s surrender clearly does not constitute a loss "incurred in a trade or business” within the meaning of section 165(c)(1). … It would be anomalous, indeed, if a single act (not "netting”) could qualify as a transaction entered into for profit and yet result in a recognized loss.

Estate of Gordon v. Commissioner

70 T.C. 404 · United States Tax Court · Jun 6, 1978

If Dave’s estate carries its burden of showing, in the words of the regulation, that the order of deaths “cannot be established by proof,” it has also established, in the words of Dave’s will, that “it is doubtful” which … App. 440 , 125 N.E.2d 812, 814 (1955) (“clearly speculatory”); In re Meyer’s Estate, 276 App.

Freesen v. Commissioner

89 T.C. 1123 · United States Tax Court · Dec 8, 1987

In the absence of a clearly expressed legislative intent to the contrary, 10 the language of the statute ordinarily must be regarded as conclusive. United States v. … A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such