Case law

Professional Ins. Agents v. Commissioner

78 T.C. 246 · United States Tax Court · Feb 17, 1982

We think this requirement is clearly satisfied in the present case. To begin with, we note that petitioner’s promotional activities were highly profitable and generated revenues far in excess of the related expenses. … We have no quarrel with petitioner’s assertion that participating members were benefited by the group insurance programs, for the evidence clearly shows that to be the case.

Rose Packing Co. v. Commissioner

28 T.C. 1028 · United States Tax Court · Aug 26, 1957

Effective January 1, 1943, petitioner established an employees’ pension plan and trust. … The plan and trust met the requirements of section 165 (a) of the Internal Revenue Code of 1939, and qualified as exempt under that section at all times during its existence.

Estate of Shelfer v. Commissioner

103 T.C. 10 · United States Tax Court · Jul 19, 1994

Secretary of the Treasury, 475 U.S. 851, 860 (1986)), the legislative history of the two statutory provisions establishes that the intent of QTIP differs from that of section 2056(b)(5). … If the statute were unambiguous, the Court and the Commissioner would be required to give effect to clearly expressed Congressional intent, and any final regulation that was inconsistent with that intent would be invalid.

Biggs v. Commissioner

69 T.C. 905 · United States Tax Court · Mar 13, 1978

The starting point of our analysis is the well established principle that the substance of a transaction, rather than the form in which it is cast, ordinarily determines its tax consequences. E.g., Smith v. … Clearly, the court in Carlton was troubled by the harshness of the result it reached. 385 F.2d at 243 . In a subsequent case, Redwing Carriers, Inc. v.

Union Carbide Corp. v. Commissioner

75 T.C. 220 · United States Tax Court · Nov 12, 1980

In the first place, as respondent recognizes, section 613(c)(5) is modified by the clause excepting processes which qualify under section 613(c)(4)(D) and those “necessary or incidental” to such qualifying processes. … Thus, Mid-Continent is clearly distinguishable and offers respondent no solace.

Giant Auto Parts, Ltd. ex rel. Frost v. Commissioner

13 T.C. 307 · United States Tax Court · Sep 15, 1949

Moreover, sections 8061 and 8064, which deal with the effect of a failure to maintain a register of debts and liabilities and the omission of the word “limited” from the partnership name, clearly suspend the immunity granted … In our opinion, the record falls far short of establishing the petitioner’s contention.

Borenstein v. Comm'r

149 T.C. No. 10 · United States Tax Court · Aug 30, 2017

Second, by amending sec- tion 6512(b)(3) in 1997 to permit more liberal credit and refund of taxes paid, Congress was to that extent enacting a waiver of sovereign immunity. … Nor does it establish intent that all nonfilers be treated the same, without regard to whether they secured ex- tensions of time to file.

World Family Corp. v. Commissioner

81 T.C. 958 · United States Tax Court · Dec 14, 1983

We establish no general rule for future cases in finding 10 percent to be insubstantial. … Such a percentage, especially when specifically designated for only one individual, is clearly unreasonable in contrast to the arrangement in the instant case.

CSX Corp. v. Commissioner

89 T.C. 134 · United States Tax Court · Jul 23, 1987

The allowance for depreciation of qualified property to which the taxpayer elects to apply this section shall be determined in accordance with this section. … The Texas Midland report clearly does not establish, as respondent contends, that the figures for interest and taxes used by the ICC were theoretical and therefore not properly chargeable to the capital account. [ 75 T.C.

Lyons v. Commissioner

4 T.C. 1202 · United States Tax Court · Apr 27, 1945

The parties named in the caption of this case were designated executors and trustees in the will and duly qualified as such. … Sections 22 to 25, inclusive, of the above act provide for the application by the alien to a judge of a superior or circuit court “for a decision establishing that he is qualified and fit to be naturalized.” (26) If the court

Victory Glass, Inc. v. Commissioner

17 T.C. 381 · United States Tax Court · Sep 21, 1951

It is necessary that the activities of a corporation be advanced to the extent necessary to establish clearly the nature of its regular business operations so that construction of its base period net income can be made without … I would, therefore, deny relief to the petitioner for failure to qualify under section 722 (b) (4) as a corporation commencing or changing the character of business, and I, therefore, respectfully dissent.

Barker v. Commissioner

74 T.C. 555 · United States Tax Court · Jun 10, 1980

Three escrows (Nos. 4-2862-01, 4-2861-01, and 4-2906-01) were established for the transfer of the Casa El Camino property (lots 15, 16, and 17) from Covington Bros, to petitioner. … Accordingly, we hold that boot-netting is permissible in a case where, contemporaneously with the exchange of properties and where clearly required by the contractual arrangement between the parties, cash is advanced by the

Brown v. Commissioner

47 T.C. 399 · United States Tax Court · Jan 18, 1967

had the authority to require the performance of such services as a condition to the payment of strike benefits, and the evidence shows that the pilots were polled to determine what they were best qualified to do to help … In the Glenshaw Class case the Court, in holding that punitive damages received for fraud and antitrust violations constituted gross income, pointed out that there were “undeniable accessions to wealth, clearly realized,

Russell v. Commissioner

40 T.C. 810 · United States Tax Court · Aug 8, 1963

Clearly such exchange would have to be considered as a part of the subsequent transaction. … which qualifies under section 354, 355, or 356.

Havens Structural Steel Co. v. Commissioner

30 T.C. 1121 · United States Tax Court · Aug 21, 1958

At the trial, petitioner’s substantial reliance was directed to drought and insect infestation, and a variant profits cycle, as factors qualifying it for relief. … We assume, arguendo, that it has qualified upon those bases.

Estate of Rosenberg v. Commissioner

86 T.C. 980 · United States Tax Court · May 19, 1986

The cases are too numerous for comprehensive listing or useful discussion to establish that the retention of such or comparable rights by the decedent which did not expire until his death, renders completely inapplicable … Donnan was a statutory provision establishing an irrebut-table presumption that all gifts in excess of a specified amount made within 2 years of death were to be treated as gifts made “in contemplation of death”.

Statler Trust v. Commissioner

43 T.C. 208 · United States Tax Court · Nov 23, 1964

The petitioners are separate trusts established under a trust agreement made January 1,1920, by Ellsworth M. Statler, sometimes hereinafter referred to as the trust agreement. Katherine M. Zeller, Frank C. … Moore, and the Marine Trust Co. of Western New York, a New York banking corporation, are the currently qualified and acting trustees under the trust agreement and administer the trusts at the office of the corporate trustee

Harrell v. Commissioner

91 T.C. 242 · United States Tax Court · Aug 17, 1988

This language clearly links a small partnership determination to a careful examination of each partner’s distributive share. … Only an in-depth examination by the Service or a court into operational facts reveals that AB does not truly qualify as a small partnership.

Orangeburg Mfg. Co. v. Commissioner

37 T.C. 251 · United States Tax Court · Nov 21, 1961

If it is held that it qualifies for relief, petitioner must establish further what would be a fair and just amount representing normal earnings to be used as a constructive average base period net income. … Upon careful consideration of the entire record, it is concluded that petitioner failed to establish the existence of the qualifying facts and factors which are required under (b) (2).

Bussing v. Commissioner

89 T.C. 1050 · United States Tax Court · Nov 24, 1987

We believe that this evidence speaks clearly about Bussing’s and AG’s view of the form of the transaction. … The record demonstrates that Sutton’s participation was merely an attempt to qualify the transaction for Federal tax purposes. Petitioners have failed to establish that the parties respected the form of the transaction.