2024-12-04
In November 2024, the Tax Court published 7 opinions, which included a total of 117 pages. Below are graphs for the month showing: (i) the top 15 code sections referenced, (ii) the number of opinions by judge, and (iii) the number of pages by judge.
I am always interested in learning well-established tax principles. Often, court cases will explicitly indicate that a tax principle is well established or well settled. Or the court may concisely state the holding of a prior case in a parenthetical. Below are excerpts from the November 2024 Tax Court cases referring to these types of principles or holdings.
Estate of Fields v. Commr., T.C. Memo. 2024-90. (Copeland)
Estate of Miller v. Commissioner, T.C. Memo. 2009-119 (concluding that a second set of inter vivos transfers was not a bona fide sale for adequate and full consideration because the transfers were executed just before the decedent's precipitous decline in health)
IQ Holdings, Inc. v. Commr., T.C. Memo. 2024-104. (Copeland)
Brooks v. Commissioner, T.C. Memo. 2022-122 ("We do not find that use of the word 'donation' necessarily implies that there was no consideration given, in whole or in part.")
IQ Holdings, Inc. v. Commr., T.C. Memo. 2024-104. (Copeland)
Allen v. Commissioner, 128 T.C. 37, 41 (2007) ("Taxpayers are charged with the knowledge, awareness, and responsibility for their tax returns.")
Mukhi v. Commr., 163 T.C. No. 8 (2024). (Greaves)
Samantar v. Yousuf, 560 U.S. 305, 317 (2010) ("[T]he word 'include' can signal that the list that follows is meant to be illustrative rather than exhaustive.")
Mukhi v. Commr., 163 T.C. No. 8 (2024). (Greaves)
Grajales v. Commissioner, 156 T.C. 55, 61 (2021) (analyzing whether an exaction is a tax or a penalty by reference to the label Congress chose to apply to it)
Mukhi v. Commr., 163 T.C. No. 8 (2024). (Greaves)
United States v. Arthur Young & Co., 465 U.S. 805, 816 (1984) ("In order to encourage effective tax investigations, Congress has endowed the IRS with expansive information-gathering authority; § 7602 is the centerpiece of that congressional design.")
Mukhi v. Commr., 163 T.C. No. 8 (2024). (Greaves)
The Tax Court adheres to the doctrine of stare decisis and thus affords precedential weight to our prior reviewed and division opinions. See Analog Devices, Inc. & Subs. v. Commissioner, 147 T.C. 429, 443 (2016). Because of our nationwide jurisdiction, the Court takes seriously its obligation to facilitate uniformity in the tax law. See Bankers Union Life Ins. Co. v. Commissioner, 62 T.C. 661, 675 (1974).
Shaut v. Commr., T.C. Memo. 2024-103. (Jones)
Giunta v. Commissioner, T.C. Memo. 2018-180 (finding that the taxpayers did not establish the year in which they discovered the loss)
Shaut v. Commr., T.C. Memo. 2024-103. (Jones)
Seaver v. Commissioner, T.C. Memo. 2009-270 (denying theft loss deduction where taxpayers "provided only uncorroborated testimony")
Shaut v. Commr., T.C. Memo. 2024-103. (Jones)
Tarsey v. Commissioner, 56 T.C. 553, 555-56 (1971) (disallowing legal fees as part of purported "property" loss)
Shaut v. Commr., T.C. Memo. 2024-103. (Jones)
Stoddard v. Commissioner, T.C. Memo. 2002-31 (finding that the taxpayers introduced no reliable evidence to establish that the casualty loss occurred)
Tibin v. Commr., T.C. Memo. 2024-102. (Jones)
Weatherly v. Commissioner, T.C. Memo. 2011-206 (finding that a taxpayer who produced Forms 1099-MISC that were not filed with the IRS and who did not produce any supporting documentation had not substantiated their reported contract labor expenses)
In November 2024, the IRS published 8 Announcements, Notices, Revenue Procedures, and Revenue Rulings, which included a total of 59 pages.
In November 2024, the IRS published 75 Written Determinations, which included a total of 395 pages.