Case law

Estate of James E. Caan, Jacaan Administrative Trust, Scott Caan, Trustee, Special Administrator

United States Tax Court · Oct 18, 2023

The settlor executes a written trust instrument that meets the section 408(a) requirements and thereby establishes a trust IRA. … Caan clearly did not provide UBS with the P&A Interest’s 2014 yearend fair market value by January 15, 2015, because in March 2015 UBS sent a letter to the P&A Fund requesting that value.

Mannella v. Comm'r

132 T.C. 196 · United States Tax Court · Apr 13, 2009

Petitioner’s requests for relief under section 6015(b) and (c) were not timely, and therefore she does not qualify for relief from joint and several liability under section 6015(b)(1)(E) and (c)(3)(B). … (a) In General. — The Secretary of the Treasury or the Secretary’s delegate shall, as soon as practicable, but not later than 180 days after the date of the enactment of this Act, establish procedures to clearly alert married

Acme Breweries v. Commissioner

14 T.C. 1034 · United States Tax Court · May 31, 1950

leveled off to 12.2 gallons in 1938 and 12.5 gallons in 1939, and the California average per capita consumption reached a peak of 12.4 gallons in 1937 and leveled off to 11.3 gallons in 1938 and 11.4 gallons in 1939, thus clearly … (a) General Rule. — In any case in -which the taxpayer establishes that the tax computed under this subchapter (without the benefit of this section) results in an excessive and discriminatory tax and establishes what would

Estate of James E. Caan, Jacaan Administrative Trust, Scott Caan, Trustee, Special Administrator

United States Tax Court · Nov 14, 2023

The settlor executes a written trust instrument that meets the section 408(a) requirements and thereby establishes a trust IRA. … Caan clearly did not provide UBS with the P&A Interest’s 2014 yearend fair market value by January 15, 2015, because in March 2015 UBS sent a letter to the P&A Fund requesting that value.

Fehrs v. Commissioner

65 T.C. 346 · United States Tax Court · Nov 18, 1975

were designated executrices in the final will lodged with that court, but no estate was opened and no letters testamentary or of administration were granted with respect to decedent in that court, and neither daughter ever qualified … Co., 22 B.T.A. 646, 647 (1931), petitioners must establish, since Edward J. Fehrs was deceased when the petition was filed, that the petition was filed by a fiduciary entitled to institute a case on his behalf.

Allen v. Commissioner

50 T.C. 466 · United States Tax Court · Jun 24, 1968

We think they clearly are not, and hold that petitioner is not entitled to deductions in any amount for payments made to his mother in those years. Decisions will be entered f or Hie respondent. SEC. 73. … as a fit and proper person to have the control and custody of said child. * * * The father’s right to the earnings of a minor child under common-law doctrine has been long established in Pennsylvania.

Arnes v. Commissioner

102 T.C. 522 · United States Tax Court · Apr 5, 1994

It does not immunize dividends — described by sections 301 and 316 as distributions by a corporation out of earnings and profits with respect to stock — from taxation by providing that they are to be excluded from gross income … United States, 981 F.2d 456, 459 (9th Cir. 1992), was clearly distinguishable therefrom.

Suriel v. Commissioner

141 T.C. 507 · United States Tax Court · Dec 4, 2013

The parties stipulate that the MSA escrow fund is a qualified settlement fund under section 1.468B–1, Income Tax Regs. … As discussed supra, the MSA documents clearly show that Vibo obligated itself to make the MSA payments.

Eli Lilly & Co. v. Commissioner

84 T.C. 996 · United States Tax Court · May 28, 1985

This provision is clearly applicable to the facts of this case. … We, however, find Foglesong clearly distinguishable from the present case.

Deely v. Commissioner

73 T.C. 1081 · United States Tax Court · Mar 12, 1980

Commissioner, supra. 11 To fall within the rule established in Giblin, petitioner must show that the entities were organized with a view to a quick and profitable sale after each business had become established, rather than … In any event, petitioner clearly has not proved respondent’s determination erroneous.

C. Blake McDowell, Inc. v. Commissioner

67 T.C. 1043 · United States Tax Court · Mar 30, 1977

income in excess of earnings and profits meant that such corporation could not mitigate its personal holding company tax liability by making distributions if such distributions exceeded earnings and profits and did not qualify … Nothing in the legislative history indicates that sections 316 and 301 should be accorded an interpretation which would establish an entirely new measuring rod.

Louisville & N. R. Co. v. Commissioner

66 T.C. 962 · United States Tax Court · Sep 9, 1976

, does clearly reflect income.” … This will cause the income in future years not to be clearly reflected.

DeCleene v. Commissioner

115 T.C. 457 · United States Tax Court · Nov 17, 2000

However, on audit of petitioners’ return, an adjusted basis of $61,331 had been established. … Clearly, the Lawrence Drive property, in both its unimproved and improved states, and the McDonald Street property were like-kind properties within the meaning of sec. 1031(a).

Marprowear Profit-Sharing Trust v. Commissioner

74 T.C. 1086 · United States Tax Court · Aug 22, 1980

Petitioner was established in connection with the adoption, on April 23, 1968, of a profit-sharing trust by the Marprowear Corp. (corporation). … The plan, of which the trust was a part, was qualified under section 401(a) throughout the taxable years before us. No amendments to the original plan were made.

American Automobile Ass'n v. Commissioner

19 T.C. 1146 · United States Tax Court · Mar 26, 1953

The evidence and record before us clearly establish that the petitioner’s purpose to engage in business was not merely incidental and subordinate to a main purpose but was in fact a principal purpose. … Supp. 310 , nor in establishing and maintaining the integrity of a local commercial market, Crooks v.

P. T. & L. Constr. Co. v. Commissioner

63 T.C. 404 · United States Tax Court · Dec 26, 1974

But this privilege is qualified in that it recognizes there are instances in which justice will require disclosure of such material. … The issue of whether mental impressions of “data,” which are clearly protected by the work product doctrine, are also protected by executive privilege was not before the court in Kaiser.

Estate of Watson v. Commissioner

94 T.C. 262 · United States Tax Court · Mar 1, 1990

Decedent and his son established a bank account in the name of “Watson and Watson” for use in the farming operation. … The burden of proof is upon petitioner to establish that the widow’s allowance at issue qualifies for the section 2056(a) marital deduction. Rule 142(a).

Meyers v. Commissioner

21 T.C. 331 · United States Tax Court · Nov 30, 1953

The respondent established that the petitioner received amounts each year, without consideration, as a stockholder of the Corporation. … As part of his proof of insolvency, respondent submitted a statement, prepared by a qualified accountant, showing the extent to which the Corporation was insolvent.

Robinson v. Comm'r

119 T.C. 44 · United States Tax Court · Sep 5, 2002

By way of contrast, our interpretation accepts the established meaning of “deficiencies” and gives effect to “generally” without modification. … Commissioner, 54 T.C. 742 , 756-757 (1970), affd. 445 F.2d 985 (10th Cir. 1971), we reasoned that, where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal

West Pontiac, Inc. v. Commissioner

27 T.C. 749 · United States Tax Court · Jan 31, 1957

It is expressly understood and agreed that if at any time such a deficiency is established Dealer’s reserve fund is less than the amount of the deficiency, Dealer shall be released from said obligation to GMAC to the extent … Under these circumstances petitioner would be entitled to receive the $8,785 increase in cash which is clearly taxable income.