§18

Petitioner is therefore entitled to the entire amount ofits claimed DRD under subsection (a).32 BMC Software I is overruled.

Section 6229 and the Matching of Taxable Years Kligfeld19 begins by making clear that he is not trying to get us to overrule Rhone-Poulenc.

e jurisdiction to consider the Jones fee request. B. Paid or Incurred Requirement Unlike certain other fee-shifting statutes, section 7430 generally allows the recovery of attorney’s fees only to the extent such amounts have been paid or incurred.18 Sec. 18 But see sec. 7430(c)(3)(B), providing an exception for (continued...) - 26 - 7430(a)(2), (c)(1)(B)(iii); see Frisch v. Commissioner, 87 T.C. 838, 844 (1986) (distinguishing the Civil Rights Attorney’s Fees Awards Act of 1976 (CRAFAA), 42 U.S.

by the Federal gift tax spans are not confined to those that would be termed "gifts" under the common law. Whereas a gift in the common law sense requires a donative intent, delivery by the donor, and acceptance by the donee, 38 Am. Jur. 2d, Gifts, sec. 18, at 820 (1968), a gift for Federal gift tax purposes encompasses sales and other exchanges of property in which the value of the property transferred is more than the value of the consideration received. - 8 - Sec. 25.2512-8, Gift Tax Regs.;

However, pursuant to the provisions of section 18 3 (b) , petitioners are entitled to deduct expenses to the extent of gross income from the activities .

18.540 (1991), petitioner was required to pay a portion of his punitive damages award to the State. Petitioner initially disputed the - 8 - applicability of this statute but later settled with the State for $150,000. The firm of Merten & Associates did not pay any part of its $3,864,012 to the State of Oregon for this statutorily imposed liab

18; see also id. secs. 40 and 41 (2005); Beattie v. State ex rel. Grand River Dam Auth., 41 P.3d 377, 380 (Okla. - 29 - [*29] 2002). Petitioner does not allege, and the evidence does not show, that petitioner’s quitclaim deeds failed to comply with the formal requirements of Oklahoma property law. Hacker Corp. assumed from petitioner the bene

1277 (1930)). It held that the taxpayer's advance was not a "debt" because "[t]he guard- ian's duty to repay the money only arose in the event ofa successful termination ofthe litigation, and that event never took place." M We have similarly held that purported promissory notes did not give rise to loans where repayment "was to be made

2009). The trust instrument does not define remainder beneficiaries. ¹°Arizona adopted a new trust code, which became effective on January 1, 2009. The new code "applies to all trusts created before, on or after January 1, 2009." Arizona Trust Code, sec. 18(a)(1), 2008 Ariz. Sess. Laws 1119, 1179. Consequently, we have cited the text from the new trust code, even though the Donald Couch Trust was established in 2006. - 15 - [*15] beneficiaries ofthe trust and creditors ofthe trust"." R sec. 14-1

Section 1.83-3(e), Income Tax Regs., provides that "[fjorpurposes ofsection 83 and the regulations thereunder, the term 'property' includes real and personal property other than either money or an unfunded and unsecured promise to pay money or property in the future."22 Crescent Holdings is a Delaware limited liability company.

54, 69, provides that the last day ofthe remedial amendment period was January 31, 2011, and that all necessary corrections were made by that date.

18-40-102 (2003); Dempsey v. Merchs. Natl. Bank of Ft. Smith, 729 S.W.2d 150, 151 (Ark. 1987) ("A mortgage becomes a lien at the time it is recorded and not before."). The Lawrys' security interest in the underlying properties was therefore not protected against subsequent purchasers. See Sims v. McFadden, 233 S.W.2d 375, 378 (Ark. 1950). Also

18.75(d), 100 Stat.. 2896, enacted technical corrections to TEFRA that included .(1) adding new section 6229(g), which extended the period of limitations on assessment with respect to additions. to tax affected by adjustments to partnership items, and (2) amending section 6230(a) to.permit the Commissioner to issue an affectedeitems notice of

The Court .will, however, allow petitioner a deduction for the dry cleaning of her "logo'd shirts" of $100 .96, subject to section 18 - 67(a) (relating to the 2-percent floor on miscellaneous itemized deductions) .' See Cohan v .

VI (1970), exercising his authority under section 18 One must recognize that, despite its antiquity, Johnson Co.

18.2-340.9 (1994) (i.e., prohibiting individuals, partnerships, and corporations from receiving “compensation * * * for the purpose of organizing, managing, or conducting bingo games”) and constituted illegal gambling for purposes of 18 U.S.C. sec. 1955 (1994).2 From January 1994 to April of 1996, petitioner and Hood operated bingo games with

Finally, and more specifically, Article III, section 18 of the Agreement stated: “All payments due from - 4 - Husband to Wife under the provisions of this Article shall constitute property settlement and not maintenance or alimony”.

Without limiting the generality of the foregoing, to the fullest extent permitted by law, including Section 18-1101(c) of the Act, and without creating any duties or obligations of the Manager by implication or otherwise, it is expressly acknowledged and agreed that to the extent the Manager owes any fiduciary duties or similar obligations to the Initial Member under any principles of law or equity or otherwise, such duties and obligations shall

18:40 (2004 ed.).22 It logically follows that Carmen’s interest in petitioner’s family support obligation, like the payee spouse’s interest in the premium obligation at issue in In re Marriage of Benjamins, supra, is in the nature of spousal support. Her interest in the award would therefore terminate at her death, leaving her successor withou

Without limiting the generality of the foregoing, to the fullest extent permitted by law, including Section 18-1101(c) of the Act, and without creating any duties or obligations of the Manager by implication or otherwise, it is expressly acknowledged and agreed that to the extent the Manager owes any fiduciary duties or similar obligations to the Initial Member under any principles of law or equity or otherwise, such duties and obligations shall

ion 108(a)(1)(A). Respondent argues that petitioner received the payments from CBM and the Benton estate as compensation under a claim of right without restriction as to disposition. 19 McQueen & Williams, Tax Aspects of Bankruptcy Law and Practice, sec. 18-23 (2d ed. 1995); Newton & Bloom, Bankruptcy and Insolvency Taxation, sec. 2.16 (John Wiley & Sons, 1991); Tatlock, Discharge of Indebtedness, Bankruptcy, and Insolvency, 540-2d Tax Mgmt. (BNA), at A-37 (2003). - 40 - Upon a careful review of

of the debtor’s tax attributes by the bankruptcy estate and their return to the debtor upon the termination of the estate. This same reasoning distinguishes the analogy to sec. 642(h). McQueen & Williams, Tax Aspects of Bankruptcy Law and Practice, sec. 18-23 (2d ed. 1995); Newton & Bloom, Bankruptcy and Insolvency Taxation, sec. 2.16 (John Wiley & Sons, 1991); Tatlock, Discharge of Indebtedness, Bankruptcy, and Insolvency, 540-2d Tax Mgmt. (BNA), at A-37 (2003).

section 18; the target . corporatiòns continued tö hold an ownership. interest in. those . corporations following the redemptions. Respondent: contends, however, thät the' section 304 redemptions a at issue in this case i.e., the-nibe cross-chain salesymust be integrated with the lateri sales of the target. corþorations in 'order. to decide under s

In response to American Stores’ Hart-Scott-Rodino filing, the FTC conducted an investigation of the proposed merger and worked to negotiate a settlement with American Stores. The FTC and American Stores negotiated a preliminary settlement of the FTC's concerns about the tender offer. This preliminary settlement was reflected in two

The antitrust claim in the instant case involved American Stores’ right to acquire Lucky Stores. The legal fees incurred in the antitrust action arose out of, and were incurred in connection with, petitioner’s acquisition of Lucky Stores. Petitioner places great emphasis on the fact that legal title to all the Lucky Stores shares had passe

1552(a) provides that, pursuant to regulations prescribed by the Secretary, the earnings and profits of each member of an affiliated group, see sec.

abandonment of the licensor's rights in the mark, a condition that has been also denominated "a naked license". Stanfield v. Osborne Indus., Inc., 52 F.3d 867, 871 (10th Cir. 1995); see also 2 McCarthy, McCarthy on Trademarks and Unfair Competition, sec. 18.48, at 18-75 to 18-76 (4th ed. 1997). The parties' experts all agree that quality control is essential to a valid license. Trademarks are territorial, and different ownership of the same trademark is possible in different countries.¹° In the

(the 1502- 33(d) allocation).19 The 15-percent minimum tax rate of section 18(...continued) believe that the minimum tax exemption amount would be used if the consolidated regular tax were greater than zero and less than $10,000.

for the current year in which the election is made, section 1362(b)(2)(B) provides that each person who was a shareholder at any time during the year (before the time the election is made) is required to consent to the election. Sec. 1362(b)(2)(B); sec. 18.1362-2(b), Temporary Income Tax Regs., 48 Fed. Reg. 3591 (Jan. 26, 1983). We note that during at least part of 1988, petitioner and TABC treated Helmle as an owner of the stock of 2618 Inc. Until September of 1988, TABC would not issue mixed

for the current year in which the election is made, section 1362(b)(2)(B) provides that each person who was a shareholder at any time during the year (before the time the election is made) is required to consent to the election. Sec. 1362(b)(2)(B); sec. 18.1362-2(b), Temporary Income Tax Regs., 48 Fed. Reg. 3591 (Jan. 26, 1983). We note that during at least part of 1988, petitioner and TABC treated Helmle as an owner of the stock of 2618 Inc. Until September of 1988, TABC would not issue mixed

(the 1502- 33(d) allocation).19 The 15-percent minimum tax rate of section 18(...continued) believe that the minimum tax exemption amount would be used if the consolidated regular tax were greater than zero and less than $10,000.

sociation, 198 So. 2d 338, 340 (Fla. Dist. Ct. App. 1967). It follows that an adjudication of incompetency * * * will effect such a revocation, as being a circumstance which is inconsistent with a continuation of the agency. See 1 Fla. Jur., Agency, sec. 18. [Id.] 1 If either letter provided sufficient notice, the chain of extensions was broken and the statutory period of limitations for 1985 and 1986 would have expired, unless the underpayments for those years were due to fraud. 2 At the hearin

In the instant case, the co-ownership had features that significantly restricted petitioner’s use of its own mailing list.27 Under section 18 of the Contract, all of these restrictions even survive the term of the Contract.

Specifically, Section 16 lost $2,600; Section 18 lost $3,500; Section 20 lost $65,973.87; Section 21 lost $22,000 and Section 23 lost $37,816.60.

To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate. Ga. Ann. Code sec. 13-3-1 (1982); Associated Muts. v. Pope Lumber Co., 37 S.E.2d 393, 396 (Ga. 1946). Un

s bear the burden of proof. Rule 142(a). The Code does not define gross receipts for purposes of sections 1362(d)(3) and 1375. The temporary regulations under section 1362 in effect for the years in issue also did not define the term. See generally sec. 18.1362-1 and -2, Temporary Income Tax Regs., 48 Fed. Reg. 3591 (Jan. 26, 1983), and later amendments. Petitioners contend that because Kaiser determined which underwriter would ultimately receive the premiums, and because Kaiser owned the expira

cretary shall by regulations prescribe." To make an election a small business corporation is required to file a Form 2553 containing all the information required by that form. Rockwell Inn, Ltd. v. - 17 - Commissioner, T.C. Memo. 1993-158; see also sec. 18.1362-1(a), Temporary Income Tax Regs., 48 Fed. Reg. 3591 (Jan. 26, 1983). Moreover, S corporation status must be firmly and clearly elected. Smith v. Commissioner, T.C. Memo. 1988-18. This Court has required compliance with the requirements of