Case law

Bot v. Comm'r

118 T.C. 138 · United States Tax Court · Feb 15, 2002

Respondent argues that petitioners’ involvement with MCP is more than sufficient to qualify as a trade or business. … Petitioners do not contend that the value-added payments qualify for this exclusion.

Lucky Stores v. Commissioner

107 T.C. 1 · United States Tax Court · Aug 6, 1996

Plans that are not established or maintained pursuant to collective bargaining agreements are herein for convenience referred to as multiple employer plans. … Second, respondent asserts that petitioner’s “new method”, i.e., that of deducting grace period contributions in the current taxable year, fails to clearly reflect income under section 446(b).

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.

Kerrigan Iron Works, Inc. v. Commissioner

17 T.C. 566 · United States Tax Court · Sep 28, 1951

The record establishes that Kerrigan was petitioner’s sole executive. He was responsible for the entire management of the business. … It also appears that during the taxable years involved Regina Kerrigan was a minor and not qualified to act as a director.

Du Pont v. Commissioner

2 T.C. 246 · United States Tax Court · Jun 25, 1943

If he exercised it'by will, the estate tax would clearly bring the property into his gross estate; and this would be equally true if the property passed at his death upon default of the designation by him. Porter v. … There may be better ways to submit such proof, although they are not readily apparent, but we cannot for that reason refuse to consider the opinions of qualified witnesses in the absence of better evidence and in fact of

Namrow v. Commissioner

33 T.C. 419 · United States Tax Court · Nov 30, 1959

It is to be remembered the candidates were all qualified psychiatrists. … It is certain the petitioners had not, before enrollment in the institute, established themselves as qualified to employ the theory and practice of psychoanalysis, as that term is meant generally amongst doctors or the Freudian

Railroad Holdings, LLC, Railroad Land Manager, LLC, Tax Matters Partner v. Commissioner

United States Tax Court · Feb 5, 2020

Section 170(h)(1) defines a “qualified conservation contribution” as a contribution of a “qualified real property interest” to a “qualified organization” (which we assume SERLC to be) “exclusively for conservation purposes … Second, part D proposes a cure in the case of “ambiguous” terms, whereas part B(2) is quite clear in establishing its formula for allocating extinguishment proceeds.

Oakbrook Land Holdings, LLC, William Duane Horton, Tax Matters Partner v. Commissioner

154 T.C. No. 10 · United States Tax Court · May 12, 2020

Each stick represents one of the total number of possible interests in sum of rights, powers, privileges, immunities and liabilities. * * * If one conceives of property as likened thus to a bundle of rights, privileges, immunities … interest” being contributed to a qualified organization.

Corey v. Commissioner

29 T.C. 360 · United States Tax Court · Nov 26, 1957

that Court, quoting from the opinion of the Court of Appeals, stated (p. 408) : By the statute, allowing the deductions and carrying over the loss for two years, Congress intended to give relief to persons engaged in an established … This loss is clearly traceable to the operation of petitioners’ business. It is, however, not attributable to the operation of a business “regularly carried on” by the petitioners.

Estate of Taracido v. Commissioner

72 T.C. 1014 · United States Tax Court · Sep 10, 1979

He traveled extensively throughout the regions of the Caribbean, Central and South America, Mexico, and the Far East, in an effort to cull and develop qualified life insurance agents to sell policies issued by NW. … We note that petitioners are not contesting respondent’s determination that the final period return of TCI did not clearly reflect income.

Rose v. Commissioner

52 T.C. 521 · United States Tax Court · Jun 24, 1969

They provide, however, that a private establishment, in order to be considered as a qualifying institution, must be regularly engaged in providing types of care or services referred to in the regulations. … Petitioners have not established that the food, lodging, and other living expenses in question qualify as medical expenses in any sense.

Cerone v. Commissioner

87 T.C. 1 · United States Tax Court · Jul 1, 1986

This is clearly contrary to the plain meaning of the statute and its legislative history. … [[Image here]] The record does not establish when the above language in regard to the cash in the savings account was stricken out.

Geoghegan & Mathis, Inc. v. Commissioner

55 T.C. 672 · United States Tax Court · Jan 27, 1971

The original face and floor were established by excavation. Subsequently, the method by which the limestone was removed involved essentially two steps. … Such qualifying language clearly impairs the prior reservation of full use and enjoyment.

Halliburton Co. v. Commissioner

100 T.C. 216 · United States Tax Court · Mar 24, 1993

Respondent also issued a proposed adverse initial determination letter with respect to the IMCO plan, holding that it failed to qualify because the Halliburton plan, of which the IMCO plan was a spinoff, did not qualify. … The record clearly establishes that the reduction in plan participation resulted from emergency measures designed to reduce Halliburton’s costs, including personnel costs, in the face of a collapse in the demand for its services

Red Star Yeast & Products Co. v. Commissioner

25 T.C. 321 · United States Tax Court · Nov 30, 1955

In some measure, the research and development costs which the Service contemplated were particularized and qualified in terms of such costs in an “experimental or laboratory sense,” and related mainly to the constant carrying … Accordingly, we think that the expenditure incurred by petitioner for payments to Best Yeast was such as would qualify for deduction as a business expense in accordance with the policy statement of Commissioner Dunlap.

Laurano v. Commissioner

69 T.C. 723 · United States Tax Court · Feb 16, 1978

The fact that an individual is already performing service in an employment status does not establish that he has met the minimum educational requirements for qualification in that employment. … Since the Principles and Practices course, as well as the other two courses which Margaret took during 1973, clearly maintained or improved her skills as a teacher, the expenses attributable to such courses are deductible

De Goldschmidt-Rothschild v. Commissioner

9 T.C. 325 · United States Tax Court · Sep 12, 1947

The facts herein lead clearly to that conclusion. … In our opinion, there was here such a program, clearly established by the facts and circumstances surrounding the transaction.

Wang v. Comm'r

113 T.C.M. 1389 · United States Tax Court · May 15, 2017

limited scope of “qualified.” … Petitioners’ challenge to the determined penalty seems to hinge entirely on their belief that 3WC operated on a noncalendar taxable year, immunizing them from respondent’s determinations.

Frank v. Commissioner

54 T.C. 75 · United States Tax Court · Jan 26, 1970

Paragraph (f) of the above-quoted regulations clearly indicates that as a general rule an officer of a corporation is considered to be an employee thereof. … Eespondent introduced the testimony of two well-qualified expert witnesses, James H.

Crowell-Collier Pub. Co. v. Commissioner

25 T.C. 1268 · United States Tax Court · Mar 19, 1956

The determination of petitioner’s constructive average base period net income resulting from both or either of the qualifying factors set forth in 1 and 2 above. 4. … This fact, we think, was clearly established by evidence at the hearing.