Pillar 7
Tax case law library
The case-law pillar is live with case briefs, holdings, reasoning summaries, and direct links to official opinions.
Public cases
88
Seed countries
7
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India · Supreme Court of India · 2022
Principal Commissioner of Income Tax-III, Bangalore v Wipro Limited
Civil Appeal No 1449 of 2022
An assessee who has claimed an exemption under section 10B of the Income-tax Act, 1961 cannot withdraw the exemption claim and instead carry forward losses by filing a revised return after the prescribed time limit under the proviso to section 10B(8); the conditions of section 10B(8) are mandatory, not directory.
United States · Supreme Court · 2022
Boechler, P.C. v. Commissioner
596 U.S. 199 (2022)
The 30-day deadline for petitioning the Tax Court for review of a Collection Due Process determination is a non-jurisdictional claim-processing rule subject to equitable tolling.
India · Supreme Court of India · 2021
Mitsubishi Corporation v Commissioner of Income Tax, Delhi
Civil Appeal No 7144 of 2014
The obligation to pay advance tax under section 209 of the Income-tax Act 1961, as it stood before the 2012 amendment, is computed after reducing tax deductible at source on the payee's income; a non-resident assessee whose income is liable to TDS is not also liable to interest under section 234B for shortfall in advance tax.
United States · Supreme Court · 2021
CIC Services, LLC v. Internal Revenue Service
593 U.S. 209 (2021)
The Anti-Injunction Act does not bar a pre-enforcement challenge to an IRS reporting requirement that is enforced by a separate tax penalty.
United Kingdom · UK Supreme Court · 2021
HMRC v. Tooth
[2021] UKSC 17
A discovery assessment requires both a discovery and a relevant insufficiency; an inadequate return alone does not constitute the deliberate behavior needed to extend the time limit.
India · Supreme Court of India · 2021
Engineering Analysis Centre of Excellence Pvt Ltd v. CIT
(2021) 432 ITR 471 (SC)
Payments for shrink-wrapped software licenses by Indian end-users to foreign software providers are not royalty under the relevant tax treaty, but business income, and not taxable in India in the absence of a PE.
Australia · Full Federal Court of Australia · 2020
Glencore Investment Pty Ltd v. Federal Commissioner of Taxation
[2020] FCAFC 187
The arm's-length-pricing analysis for related-party transactions must consider the commercial alternatives realistically available to the taxpayer, not just industry-comparable arrangements.
United States · 9th Cir. · 2019
Altera Corp. & Subsidiaries v. Commissioner
926 F.3d 1061 (9th Cir. 2019)
Treasury Regulations requiring inclusion of stock-based compensation in qualified cost-sharing arrangements are valid as a reasonable interpretation of Section 482.
United States · 3rd Cir. · 2018
Bedrosian v. United States
912 F.3d 144 (3d Cir. 2018)
Willfulness for purposes of the FBAR civil penalty under 31 U.S.C. 5321(a)(5) requires only a showing that the taxpayer knew of the FBAR filing requirement and acted recklessly or with willful blindness, not a specific intent to violate the law.
Singapore · Singapore High Court · 2017
AYH v Comptroller of Income Tax
[2017] SGHC 175
On an appeal under section 81 of the Income Tax Act, the High Court will not disturb findings of fact by the Income Tax Board of Review unless they are unsupported by the evidence; characterisation of a gain as capital or income remains a mixed question of law and fact closely tied to the trade-or-investment factors.
Australia · High Court of Australia · 2016
Bywater Investments Ltd v. Federal Commissioner of Taxation
[2016] HCA 45
Central management and control of a company is exercised where the real decision-making occurs, not necessarily where directors formally meet.
United Kingdom · UK Supreme Court · 2016
UBS AG v. HMRC; DB Group Services (UK) Ltd v. HMRC
[2016] UKSC 13
Bonus arrangements using shares with forfeitable conditions designed to bypass income-tax employment-related-securities rules were not effective; the realistic view of the arrangement controlled.
United Kingdom · UK Supreme Court · 2015
Anson v. HMRC
[2015] UKSC 44
A Delaware LLC's profits could be sourced as Anson's own income for UK tax purposes given the partnership-like treatment under Delaware law and the LLC agreement.
China · State Taxation Administration · 2015
Chongqing Yuhuan indirect transfer case (representative)
SAT Public Notice 7 (2015)
SAT Public Notice 7 replaced and updated Notice 698 to provide more detailed rules for taxing indirect transfers, including safe harbors and reasonable-commercial-purpose tests.
Australia · Full Federal Court of Australia · 2014
Federal Commissioner of Taxation v. Resource Capital Fund III LP
[2014] FCAFC 37
An Australian partnership of nonresident partners was treated as fiscally transparent under the U.S.-Australia tax treaty, with consequences for source-country taxation of capital gains.
Singapore · Singapore Court of Appeal · 2014
AQQ v Comptroller of Income Tax
[2014] SGCA 15; [2014] 2 SLR 847
Section 33 of the Income Tax Act is a general anti-avoidance rule that empowers the Comptroller to disregard or vary arrangements whose purpose or effect, directly or indirectly, is to alter the incidence of tax, subject to the statutory commercial-purpose exception; on the facts, the financing arrangement was a tax-avoidance scheme but the Comptroller's particular adjustment exceeded what section 33 permitted.
United States · DC Cir. · 2014
Loving v. IRS
742 F.3d 1013 (D.C. Cir. 2014)
The IRS lacked statutory authority to require unlicensed tax-return preparers to register, be tested, and pay fees.
United States · Supreme Court · 2012
United States v. Home Concrete & Supply, LLC
566 U.S. 478 (2012)
Overstatement of basis is not an omission from gross income that triggers the extended six-year statute of limitations under section 6501(e)(1)(A); the three-year limitations period applies, and a contrary Treasury regulation cannot override Colony Inc. v. Commissioner.
India · Supreme Court of India · 2012
Vodafone International Holdings B.V. v. Union of India
(2012) 6 SCC 613
Sale of shares of a foreign holding company that indirectly owns Indian assets was not taxable in India under the Income-tax Act 1961 as it stood prior to retrospective amendments.
United States · Supreme Court · 2011
Mayo Foundation for Medical Education and Research v. United States
562 U.S. 44 (2011)
Treasury Regulations are entitled to Chevron deference; the prior National Muffler standard does not apply uniquely to tax regulations.
India · Supreme Court of India · 2010
Commissioner of Income Tax v Kanchanganga Sea Foods Ltd
[2010] 325 ITR 540 (SC)
Charter hire payments made in kind, by allowing a non-resident foreign owner to take fish caught from Indian waters out of the country, constitute income accruing or arising in India and the Indian charterer is obliged to deduct tax at source under section 195.
China · State Taxation Administration · 2009
SAT Notice 698 indirect transfer cases
Guoshuihan [2009] 698
Indirect transfers of Chinese equity through offshore holding structures may be re-characterized and taxed in China where the offshore structure lacks reasonable commercial purpose.
India · Supreme Court of India · 2007
Director of Income Tax v. Morgan Stanley & Co. Inc.
(2007) 292 ITR 416 (SC)
A captive Indian back-office service provider does not constitute a PE of its US parent under the US-India tax treaty where transactions are at arm's length and the captive performs only back-office support functions.
Canada · Supreme Court of Canada · 2005
Canada Trustco Mortgage Co. v. Canada
[2005] 2 SCR 601
The GAAR analysis under Section 245 requires three elements: a tax benefit, an avoidance transaction, and misuse or abuse having regard to the object, spirit, and purpose of the relevant provisions.
United Kingdom · House of Lords · 2004
Barclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes)
[2004] UKHL 51
Capital allowances are available where the taxpayer incurs real expenditure on the acquisition of plant for use in its trade; the Ramsay approach is a tool of statutory construction, not a freestanding anti-avoidance doctrine that disregards genuine transactions.
United Kingdom · House of Lords · 2004
Inland Revenue Commissioners v. Scottish Provident Institution
[2004] UKHL 52
The Ramsay approach requires the court to consider the transaction in its commercial reality and disregard steps inserted solely to obtain a tax advantage.
Australia · High Court of Australia · 2004
Federal Commissioner of Taxation v. Hart
[2004] HCA 26
Part IVA applies to a split-loan arrangement where the dominant purpose was to obtain a tax benefit via accelerated interest capitalization on the investment portion.
United Kingdom · Judicial Committee of the Privy Council · 2004
Carreras Group Ltd v Stamp Commissioner
[2004] UKPC 16
A composite, pre-ordained series of transactions designed to fall outside a stamp duty charge could be viewed as a single transfer of shares attracting duty, applying the Ramsay principle of purposive statutory construction.
India · Supreme Court of India · 2003
Union of India v. Azadi Bachao Andolan
(2003) 263 ITR 706 (SC)
Tax-residency certificate issued by Mauritius was conclusive proof of residency for the purpose of the India-Mauritius tax treaty.
Canada · Supreme Court of Canada · 2001
Singleton v. Canada
[2001] 2 SCR 1046
Direct and current use of borrowed money for an income-producing purpose is sufficient for interest deductibility even where the borrowing facilitates a personal use of separate funds.
Australia · High Court of Australia · 1998
Federal Commissioner of Taxation v Murry
[1998] HCA 42; (1998) 193 CLR 605
Goodwill of a business, for capital gains tax purposes, is a single asset comprising the attractive force that brings in custom and cannot exist independently of the business itself; it is therefore disposed of when, and only when, the business in which it is generated is disposed of.
Australia · High Court of Australia · 1996
Federal Commissioner of Taxation v. Spotless Services Ltd
[1996] HCA 34
Part IVA of the Income Tax Assessment Act 1936 applies where a sole or dominant purpose of a scheme was to obtain a tax benefit, even if there was a commercial purpose.
Australia · High Court of Australia · 1994
Federal Commissioner of Taxation v Australia and New Zealand Savings Bank Ltd
[1994] HCA 58; (1994) 181 CLR 466
A bank's payments under a stamp duty assumption agreement formed part of the cost of borrowing and were therefore deductible on revenue account; provisions of the Income Tax Assessment Act should be construed in light of the commercial substance of banking operations.
Canada · Supreme Court of Canada · 1994
Canada v Antosko
[1994] 2 SCR 312
Where the words of the Income Tax Act are clear and unambiguous, they must be applied according to their ordinary meaning even if the resulting tax consequences appear anomalous or unintended.
United States · U.S. Tax Court · 1994
Schaefer v. Commissioner
T.C. Memo 1994-206
Taxpayers who fail to substantiate claimed business expenses with adequate records or sufficient corroborating evidence cannot rely on the Cohan rule to estimate deductions and bear the burden of proving entitlement under section 162 and the section 274 substantiation rules.
Canada · Supreme Court of Canada · 1993
Friedberg v Canada
[1993] 4 SCR 285
A taxpayer's choice of accounting method for commodity futures straddles must be accepted for tax purposes if it provides an accurate picture of income, even though the method results in significant tax deferral.
Canada · Supreme Court of Canada · 1993
Symes v. Canada
[1993] 4 SCR 695
Childcare expenses incurred by a self-employed lawyer to allow her to practice were not generally deductible as ordinary business expenses but were eligible only to the extent provided by the childcare expense deduction.
United States · Supreme Court · 1993
Commissioner v. Soliman
506 U.S. 168 (1993)
A home office qualifies as the taxpayer's principal place of business under section 280A only when the relative importance of activities and the time spent there make it the most important location of the business, considered as a whole.
United Kingdom · House of Lords · 1992
Pepper (Inspector of Taxes) v. Hart
[1993] AC 593
Courts may refer to Parliamentary materials (Hansard) as an aid to construction of legislation where the legislation is ambiguous and there is a clear ministerial statement.
United States · Supreme Court · 1992
INDOPCO, Inc. v. Commissioner
503 U.S. 79 (1992)
Expenses incurred in a friendly takeover that produce significant long-term benefits must generally be capitalized rather than deducted as ordinary and necessary expenses.
United States · Supreme Court · 1991
Cottage Savings Association v. Commissioner
499 U.S. 554 (1991)
A loss is realized when exchanged properties are materially different, even if they are economically similar in broad market terms.
United States · U.S. Tax Court · 1990
Estate of Newhouse v. Commissioner
94 T.C. 193 (1990)
For estate-tax valuation of closely held stock with separate voting and non-voting classes, the fair market value must reflect what a willing buyer would actually pay given the corporate structure, and a hypothetical control premium cannot be imposed where the decedent's interest provided no realistic path to control.
United States · Supreme Court · 1990
Commissioner v. Indianapolis Power & Light Co.
493 U.S. 203 (1990)
Customer security deposits subject to repayment on stated conditions are not gross income to the utility when received.
United States · Supreme Court · 1988
Commissioner v. Bollinger
485 U.S. 340 (1988)
A corporation can be disregarded as the owner's true agent for federal tax purposes when the relationship is genuine in both form and substance rather than a dressed-up ownership arrangement.
Canada · Supreme Court of Canada · 1987
Bronfman Trust v. The Queen
[1987] 1 SCR 32
Interest on borrowed money is deductible only when the direct and current use of the borrowed money is to earn income from a business or property.
United States · Supreme Court · 1987
Commissioner v. Groetzinger
480 U.S. 23 (1987)
A taxpayer who pursued gambling full time, regularly, and for livelihood was engaged in a trade or business.
India · Supreme Court of India · 1985
McDowell & Co. Ltd. v. Commercial Tax Officer
(1985) 154 ITR 148 (SC)
Tax avoidance through colorable devices is not permitted, and the court will look to the substance of a transaction in fiscal matters.
Canada · Supreme Court of Canada · 1984
Stubart Investments Ltd. v. The Queen
[1984] 1 SCR 536
Bona fide transactions undertaken for genuine business reasons will generally be respected for tax purposes, even where tax considerations also motivated the structure.
United Kingdom · House of Lords · 1984
Furniss v. Dawson
[1984] AC 474
The Ramsay principle extends to preordained series of transactions into which an intermediate step is inserted with no business purpose other than tax avoidance.
United States · Supreme Court · 1983
Commissioner v. Tufts
461 U.S. 300 (1983)
On disposition of property subject to nonrecourse debt, the full unpaid balance of the debt is included in the amount realized even if it exceeds the fair market value of the property.
Australia · High Court of Australia · 1982
Federal Commissioner of Taxation v Whitfords Beach Pty Ltd
[1982] HCA 8; (1982) 150 CLR 355
Profits from the subdivision and sale of land that was originally held for fishing-shack purposes were ordinary income, where the activities went beyond mere realisation of a capital asset and amounted to carrying on a business of land development.
United Kingdom · House of Lords · 1981
W.T. Ramsay Ltd v. Inland Revenue Commissioners
[1981] UKHL 1
Where a transaction consists of preordained steps inserted for the sole purpose of tax avoidance and having no commercial purpose other than tax saving, the courts may consider the transaction as a whole rather than its individual steps.
United States · Supreme Court · 1978
Frank Lyon Co. v. United States
435 U.S. 561 (1978)
A sale-and-leaseback transaction with genuine economic substance and business purpose will be respected for tax purposes; the test looks at the multi-party realities and obligations of the transaction.
United States · 6th Cir. · 1970
Cesarini v. United States
428 F.2d 812 (6th Cir. 1970)
Treasure trove found by a finder is includible in gross income at fair market value in the year the property is reduced to undisputed possession.
United States · U.S. Tax Court · 1968
Estate of Smith v. Commissioner
50 T.C. 273 (1968)
Compensation earned by a decedent for services rendered but not yet received at death constitutes income in respect of a decedent under section 691 and is taxable when collected by the estate or successor.
United States · Supreme Court · 1967
United States v. Correll
389 U.S. 299 (1967)
Travel meal expenses are deductible only when the travel involves an overnight stay or other rest period requiring the taxpayer to be away from home.
United States · Supreme Court · 1966
Commissioner v. Tellier
383 U.S. 687 (1966)
Legal expenses incurred to defend a business operator against criminal prosecution for activities related to the business are generally deductible as ordinary and necessary expenses.
United States · Supreme Court · 1962
United States v. Davis
370 U.S. 65 (1962)
Transfer of appreciated property to a former spouse in satisfaction of marital property rights is a taxable disposition recognized at fair market value.
United States · Supreme Court · 1961
James v. United States
366 U.S. 213 (1961)
Embezzled funds are includible in gross income in the year received notwithstanding an obligation to repay.
United States · Supreme Court · 1960
Knetsch v. United States
364 U.S. 361 (1960)
Interest paid on a sham annuity-loan arrangement that lacks economic substance is not deductible.
United States · Supreme Court · 1958
Commissioner v. Sullivan
356 U.S. 27 (1958)
Rent and wage payments by an illegal gambling business are ordinary and necessary business expenses deductible under Section 162.
United States · Supreme Court · 1955
Commissioner v. Glenshaw Glass Co.
348 U.S. 426 (1955)
Punitive damages received in a private antitrust suit are taxable income under the broad definition of gross income.
United States · Supreme Court · 1952
Arrowsmith v. Commissioner
344 U.S. 6 (1952)
Losses incurred by shareholders in satisfying transferee liability after the corporation's liquidation must be characterized as capital losses because they arise from the same transaction that produced the original capital gain.
United States · Supreme Court · 1951
United States v. Lewis
340 U.S. 590 (1951)
Income received under a claim of right and reported in the year of receipt is not recomputed in that earlier year when later repaid; the taxpayer's remedy is a deduction in the year of repayment, not reopening of the prior year.
United States · Supreme Court · 1950
United States v. Cumberland Public Service Co.
338 U.S. 451 (1950)
When shareholders, not the corporation, genuinely negotiate the sale of distributed assets after a bona fide liquidation, the gain is recognized at the shareholder level and not attributed back to the corporation.
United States · Supreme Court · 1949
National Carbide Corp. v. Commissioner
336 U.S. 422 (1949)
A corporation formed or operated for business purposes must bear its own tax consequences, and a wholly owned subsidiary is not ignored merely because it claims to act as its parent's agent.
United States · Supreme Court · 1947
Crane v. Commissioner
331 U.S. 1 (1947)
A property owner's basis includes nonrecourse debt encumbering the property, and on disposition the amount realized includes the unpaid principal of that debt.
United States · Supreme Court · 1945
Commissioner v. Court Holding Co.
324 U.S. 331 (1945)
When a corporation negotiates a sale and then liquidates, distributing the asset to its shareholders who promptly close the same sale, the sale is properly attributed to the corporation for tax purposes under the substance-over-form doctrine.
United States · Supreme Court · 1943
Moline Properties, Inc. v. Commissioner
319 U.S. 436 (1943)
A corporation remains a separate taxable entity when it was formed for a business purpose or actually carried on business activity.
United Kingdom · House of Lords · 1941
Lord Howard de Walden v Inland Revenue Commissioners
[1942] 1 KB 389
Anti-avoidance legislation directed at transfers of assets abroad must be construed to give effect to its anti-avoidance purpose; a taxpayer who has used elaborate machinery to avoid tax cannot complain if the resulting charge is heavy.
United States · Supreme Court · 1941
Higgins v. Commissioner
312 U.S. 212 (1941)
Managing one's own investments, even extensively, did not amount to carrying on a trade or business for the deduction sought.
United States · Supreme Court · 1940
Helvering v. Eubank
311 U.S. 122 (1940)
An insurance agent who assigns renewal commissions earned but not yet payable to another person remains taxable on those commissions when paid because they were earned through his personal services.
United States · Supreme Court · 1940
Helvering v. Horst
311 U.S. 112 (1940)
A donor who detaches and gifts interest coupons from bonds he retains is taxable on the interest when paid to the donee; the donor's exercise of dominion to direct payment to another realizes the income.
United States · Supreme Court · 1940
Helvering v. Bruun
309 U.S. 461 (1940)
A landlord realizes taxable income upon repossession of leased property when the lessee has constructed improvements that increase the property's value, even though no cash or severable property is received.
United States · Supreme Court · 1940
Deputy v. du Pont
308 U.S. 488 (1940)
The claimed expenditures were not deductible as ordinary and necessary business expenses of the taxpayer's own business.
United Kingdom · House of Lords · 1935
Inland Revenue Commissioners v. Duke of Westminster
[1936] AC 1
Every person is entitled to so arrange their affairs that the tax attaching is less than it otherwise would be, and the courts will give effect to such arrangements unless the statute otherwise provides.
United States · Supreme Court · 1935
Gregory v. Helvering
293 U.S. 465 (1935)
A transaction that fits the literal words of the reorganization statute but lacks any real business or corporate purpose apart from tax avoidance is not respected as a tax-free reorganization.
United States · Supreme Court · 1933
Welch v. Helvering
290 U.S. 111 (1933)
Payments made to creditors of a discharged bankruptcy debtor with whom the taxpayer was associated were capital expenditures rather than ordinary business expenses.
United States · Supreme Court · 1932
North American Oil Consolidated v. Burnet
286 U.S. 417 (1932)
Income received under a claim of right without restriction on disposition is taxable in the year received, even if the taxpayer's right to retain it remains the subject of pending litigation.
United States · Supreme Court · 1931
United States v. Kirby Lumber Co.
284 U.S. 1 (1931)
Cancellation of debt for less than its face amount generally produces taxable income to the debtor equal to the discount realized.
United States · Supreme Court · 1931
Burnet v. Logan
283 U.S. 404 (1931)
When the value of contractual rights to receive future payments cannot be ascertained with reasonable accuracy, the transaction is open and the taxpayer may recover basis before recognizing gain (the open-transaction doctrine).
United States · Supreme Court · 1931
Burnet v. Sanford & Brooks Co.
282 U.S. 359 (1931)
The federal income tax operates on an annual accounting basis; a litigation recovery in a later year compensating for prior-year losses is gross income in the year received, not netted against the earlier losses.
United States · Supreme Court · 1930
Poe v. Seaborn
282 U.S. 101 (1930)
Spouses domiciled in a community property state may each report one-half of community income on their separate federal returns, because each spouse has a vested ownership interest in community income under state law.
United States · Supreme Court · 1930
Corliss v. Bowers
281 U.S. 376 (1930)
A grantor who retains the power to revoke a trust and recover the trust property at will is taxable on the trust's income, because the power to dispose of income is the equivalent of ownership.
United States · Supreme Court · 1930
Lucas v. Earl
281 U.S. 111 (1930)
Income from personal services is taxable to the person who earns it; a contract assigning future earnings to another person does not shift the income tax liability to the assignee.
United States · 2nd Cir. · 1930
Cohan v. Commissioner
39 F.2d 540 (2d Cir. 1930)
When the existence of business expenses is established but exact amounts cannot be proved due to lack of records, courts may estimate the deductible amount.
United States · Supreme Court · 1929
Old Colony Trust Co. v. Commissioner
279 U.S. 716 (1929)
An employer's payment of an employee's income tax is itself additional compensation and is taxable to the employee as gross income.
United States · Supreme Court · 1920
Eisner v. Macomber
252 U.S. 189 (1920)
A pro rata stock dividend representing a mere change in the form of ownership of the same accumulated surplus does not constitute taxable income within the meaning of the Sixteenth Amendment.
Important disclaimer
This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.