Case law

L. E. Shunk Latex Products, Inc. v. Commissioner

18 T.C. 940 · United States Tax Court · Aug 29, 1952

The record is barren of any showing, however, that petitioners had grounds on which to file such an application or that they were in any way qualified for such relief. … Respondent has done nothing to establish the basis on which such an application might have been filed or the conditions required for its successful prosecution.

Heidrich v. Commissioner

55 T.C. 746 · United States Tax Court · Feb 10, 1971

Petitioners established separate trusts for each of these children who were in being during the years in issue. … the phrases “as may be necessary” and “not so needed” impose “a substantial obstacle to the exercise of the trustee’s discretionary power” because “where a trustee’s power is exercisable only in the event of need (as so clearly

Denman v. Commissioner

48 T.C. 439 · United States Tax Court · Jun 26, 1967

that the cost of education undertaken to qualify or establish oneself in a trade or business, or to meet the minimum requirements of a particular employment, constitutes a personal expense and is therefore not deductible … It may now be regarded as elementary that deductions are a matter of legislative grace and a taxpayer seeking a deduction must bring his claim clearly within the statute.

Reich v. Commissioner

52 T.C. 700 · United States Tax Court · Jul 31, 1969

In order to establish his position that the product of the wells is heat, respondent constructs an elaborate argument. He begins with the premise that steam is nothing more than a combination of heat and water. … We are convinced of this because many, if not all, of the other terms in section 613(b) are clearly not chemical terms. Examples of such terms are “clay,” “sand,” “stone,” “clam shells,” “rip rap,” and “sod.”

Anderson v. Commissioner

67 T.C. 522 · United States Tax Court · Dec 22, 1976

Rui. 70-531 applied should we find said redemption qualified under section 302(a). … . & Y. exercised some of the qualified optiohs.

Estate of Reis v. Commissioner

87 T.C. 1016 · United States Tax Court · Nov 10, 1986

Section 53.4941(d)-l(b)(3), Excise Tax Regs., clearly contemplates that the interest of a private foundation in the property of an estate, as a beneficiary thereof, will be treated as an “asset” of the private foundation … The question thus turns on whether the factual findings of the New York State courts pertaining to the administration of the Mark Rothko Estate qualify under the second test of rule 201(b).

Estate of Williams v. Commissioner

62 T.C. 400 · United States Tax Court · Jun 25, 1974

Friedman Trust A whatsoever, unless they should happen to qualify as ‘heirs’ of the other deceased sister by reason of the death of the direct descendants of said sister.” … This clearly evidences an intent to have the income paid to the heirs or lineal descendants of a deceased sister while the trust was in existence.

Sibla v. Commissioner

68 T.C. 422 · United States Tax Court · Jun 27, 1977

Pa. 1974), in which the court termed an argument similar to petitioner’s argument here as "clearly spurious.” … For that reason, clearly the $11 paid for the license fee for each of the two cars is not deductible.

Roberts v. Commissioner

94 T.C. 853 · United States Tax Court · Jun 11, 1990

Clearly, there can be no partnership proceedings to adjust or modify the partnership items as reported on the 1983 returns of Paris, Comanche, and Montague. … partners, qualify as additions to the partners’ amount at risk.

Turecamo v. Commissioner

64 T.C. 720 · United States Tax Court · Jul 30, 1975

Kavanaugh, stating that petitioners had not established that Mrs. … Kavanaugh had qualified as their dependent under sections 151 and 152, I.R.C. 1954. 1 Respondent also disallowed petitioners’ claimed medical expense deduction of $3,343 with the explanation that it had not been established

Noyce v. Commissioner

97 T.C. 670 · United States Tax Court · Dec 16, 1991

The Intel culture and travel policies that precluded Intel’s payment of petitioner’s total travel costs were in place prior to petitioner’s purchase and use of the airplane and were clearly policies that were established … Clearly, there was no requirement that he do so. It is clear that a significant portion of the airplane’s use was personal.

Therese Hahn v. Commissioner

110 T.C. No. 14 · United States Tax Court · Mar 4, 1998

Later Act Does Not Cover Whole Subject Moreover, it cannot be said that "the later act covers the whole subject of the earlier one and is clearly intended as a substitute". … Again, respondent's argument fails to establish either an irreconcilable conflict or that the later act covers the whole subject of the earlier one.

Hoffman v. Commissioner

47 T.C. 218 · United States Tax Court · Nov 29, 1966

We hold that only one class of stock was outstanding during the taxable years, and that RMI was a fully qualified small business corporation under section 1371 (a). 3. … This tends to indicate a sale. (6) Paragraph 21 of the agreement clearly provides that Alfred Hoffman shall be in complete control of the affairs of Reba Martin, Inc., unless there is a default by him or the corporation.

Ellison v. Commissioner

55 T.C. 142 · United States Tax Court · Oct 27, 1970

Get at least two new names (qualified) from every interview. PROSPECT ALL THE TIME. … If the grantee met the employment requirement, all the other requirements were clearly satisfied.

American Can Co. v. Commissioner

37 T.C. 198 · United States Tax Court · Nov 16, 1961

And, finally, property may be held with a dual purpose; and if one of such purposes is to sell it to customers in the ordinary course of business the sales may fail to qualify for capital gains treatment under section U7( … They were sales in the regular course of the newly established business.

Long v. Commissioner

77 T.C. 1045 · United States Tax Court · Oct 29, 1981

Finally, regarding the extent of the joint venture, the agreement stated that— The parties hereto intend for this undertaking to be the creation and establishment of a Joint Venture, rather than the creation and establishment … of a Joint Venture, rather than the creation and establishment of a partnership.”

Estate of Levin v. Commissioner

90 T.C. 723 · United States Tax Court · Apr 19, 1988

(a) “Continuous Service” shall mean Credited Service for benefit accrual under the qualified Pension Plan maintained by the Company. … The facts in this case are clearly distinguishable from those in DiMarco. In DiMarco, the decedent was not a controlling shareholder of IBM nor was he an officer or director thereof.

Oblinger v. Commissioner

100 T.C. 114 · United States Tax Court · Feb 23, 1993

The court concluded that the contract as a whole clearly reflected the intention of the parties to create a landlord-tenant relationship. Id. … The court further established that the rent paid in the form of crops is more analogous to receipts than to income or profits.

S. H. Kress & Co. v. Commissioner

40 T.C. 142 · United States Tax Court · Apr 25, 1963

It seems to us to follow that the store sites, for which the Ellis and O’Farrell cash became directly or indirectly available, were clearly acquired upon threat of condemnation for the purpose of replacing the lost property … It intended to build a large retail establishment.

Intel Corp. v. Commissioner

100 T.C. 616 · United States Tax Court · Jun 28, 1993

As a related supplier of Intel DISC, petitioner paid Intel DISC commissions on some of petitioner’s sales that qualified for DISC treatment. … The introductory language to which respondent points regarding the IFP is qualified by the clause “as provided in Example (1).”