IRCCourt RulingsJul 14, 2005related by meaning
ld a second trial at which
petitioner would introduce new evidence in support of that
position.
With respect to petitioner's tax duplication argument, petitioner asserts:
As a result of the Court's Opinion in this case
and without a Rule 155 proceeding, respondent will be
in a windfall position-it will have collected t…
IRCCourt RulingsJul 13, 1995related by meaning
OPINION
Wright, Judge:
Respondent determined a deficiency in petitioner’s Federal income tax for taxable year 1990 in the amount of $239,463.
After concessions by the parties, the issues for our consideration are as follows:
(1) Whether dividends paid to an employee stock ownership plan, deductible under section 404(k)…
IRCCourt RulingsJan 28, 2014★ strong match
…spect to
any penalty, including the accuracy-related penalty. Sec. 7491(c); Hiebee v.
Commissioner, 116 T.C. 438, 446 (2001). To meet that burden, the Commissioner
must come forward with sufficient evidence indicating that it is appropriate to
impose the relevant penalty. Hiebee v. Commissioner, 116 T.C. at 446. Howeve…
IRCCourt RulingsJan 3, 2017★ strong match
is
appropriate. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446
(2001). Once the Commissioner meets his burden of production, the taxpayer bears the burden of proving, through persuasive evidence, that the
Commissioner's penalty determination is incorrect. See Rule 142(a); Welch v.
Helvering, 290 U.S. 111, …
86 FR 55980 — Requirements Related to Surprise Billing; Part II IRCFinal Rules (FR)Oct 7, 2021
…,085. HHS assumes that 80 percent of individual physician practitioners have a website resulting in 116,709 websites needed to be updated with good faith estimate notices. HHS assumes that the physician will pay a computer programmer to make the website update. The burden is estimated as follows: 116,709 websites needi…
IRCCourt RulingsJun 18, 1999related by meaning
1402(a). We therefore simply sustain
respondent's determination as respondent did not assert an
increased deficiency in this regard. See sec. 6214(a). used for retirement purposes, a 10 percent penalty is generally
imposed on IRA distributions made before the taxpayer reaches age
59-1/2. See sec. 72(t). In that regard,…
IRCCourt RulingsSep 13, 2017
bee v.
Commissioner, 116 T.C. 438, 446 (2001). Once the Commissioner meets his
burden of production, the taxpayer bears the burden of proving, through persuasive evidence, that the Commissioner's penalty determination is incorrect.
S_e_e Rule 142(a); Welch v. Helvering, 290 U.S. at 115; Higbee v. Commissioner,
116 T.C.…
77 FR 5632 — Reasonable Contract or Arrangement Under Section 408(b)(2)-Fee Disclosure ERISAFinal Rules (FR)Feb 3, 2012
…
286,000
Investment Disclosure
8,929,000
1,210,000
1,210,000
3,783,000
Update Investment Disclosure
116,000
116,000
116,000
116,000
Investment Disclosure Total
9,045,000
1,326,000
1,326,000
3,899,000
IRCCourt RulingsOct 3, 1995related by meaning
income tax return. Although
the Court can appreciate petitioners' frustration, we must
nevertheless note that matters involving interest do not, as a general rule, fall within the scope of this Court's jurisdiction.
Perkins v. Commissioner
, 92 T.C. 749, 752 (1989); LTV Corp. v.
Commissioner
, 64 T.C. 589, 597 (1975); …
Notice 2022-45 — Notice 2022-45 extends the deadlines for amending an eligible retirement plan (including an individual retirement arrangement or annuity contract) to reflect t… IRCNoticesOct 17, 2022
…t the provisions of section 2202 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, 134 Stat. 281 (2020) (CARES Act), and section 302 of Title III of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act), enacted as Division EE of the Consolidated Appropriations Act, 2021, Pub…
IRCCourt RulingsAug 8, 1996related by meaning
to the Internal Revenue
Code by section 302 of the Taxpayer Bill of Rights 2, Pub. L.
104-168, authorizes this Court to review the Secretary's failure to abate interest with respect to requests for abatement after
July 30, 1996. Because this case does not involve a request for
abatement after July 30, 1996, we lack jur…
IRCCourt RulingsFeb 9, 2023related by meaning
s at issue in First Security Bank . Such a
determination would not inform our understanding of the holding or
reasoning of First Security Bank .
GG. T he Tax Reform Act of 1976
In 1976, Congress amended section 482 of the Internal Revenue
Code of 1954 to replace “the Secretary or his delegate” with “the
Secretary”. 26 …
IRCCourt RulingsAug 6, 1991related by meaning
f the matter is that the payment in question should be taxable to petitioner under section 72(e). Accordingly, we sustain respondent’s determination.6 In order to take into account what appear to be mechanical errors in respondent’s calculations and to afford the parties a further opportunity to resolve the question of…
IRCCourt RulingsAug 22, 2002related by meaning
stribution should not
be subject to the 10-percent additional tax because she is
entitled to rely on the advice of respondent’s representatives.
- 7 - Although we cannot be certain whether petitioner
misunderstood the advice she received or whether erroneous advice
was rendered, that distinction does not make a differe…
T.C. Memo. 2017-77 — Estate of Hung-Liang Lynn Lin, Deceased, Jeffrey S. Lin, Administrator v. Commissioner IRCCourt RulingsMay 8, 2017
…taxpayer acted in good faith with respect to such portion.
Sec. 6664(c)(1); Higbee v. Commissioner, 116 T.C. at 446-447. The
determination of whether the taxpayer had reasonable cause and acted in good
faith depends upon the pertinent facts and circumstances of a particular case. Sec.
1.6664-4(b)(1), Income Tax Regs. W…
IRCCourt RulingsJan 17, 2024related by meaning
Title 26 U.S.C. (Code) , in effect at all relevant times, and Rule references are to
the Tax Court Rules of Practice and Procedure .
Served 01/17/24
2 [* 2 ] deficiencies under section 4973 in th e aggregate amount of
$8,476,705 . The notices also determined additions to tax under section
6651(a)(1) and (2) and accurac…
U.S. Tax Court — Marlon G. Dasent & Kendra Walcott-Dasent v. Commissioner IRCCourt RulingsDec 13, 2018
…le, they had reasonable cause and acted in good faith. See sec. 6664(c)(1); Higbee v.
Commissioner, 116 T.C. at 446-447.
The determination whether the taxpayer had reasonable cause and acted in
good faith depends upon the pertinent facts and circumstances of a particular case.
Sec. 1.6664-4(b)(1), Income Tax Regs. We c…
85 FR 71142 — Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency IRCFinal Rules (FR)Nov 6, 2020
…n-6008-faqs.pdf (Updated April 13, 2020)
Families First Coronavirus Response Act (FFCRA),Public Law 116-127 Coronavirus Aid, Relief, and Economic Security (CARES) Act, Public Law 116-136 Frequently Asked Questions (FAQs) available at
https://www.medicaid.gov/state-resource-center/downloads/covid-19-section-6008-CARE…
IRCCourt RulingsOct 25, 2006
return, petitioner properly
reported the $116,251 .20 distribution as income but did not
report the 10-percent additional tax for early distributions under section 72(t) . In the notice of deficiency, respondent
determined that petitioner was liable for the 10-percent
additional tax on the early $116,251 .20 distribut…
IRCCourt RulingsJul 6, 2022related by meaning
s
are to the Tax Court Rules of Practice and Procedure.
Served 07/06/22
2
[* 2 ] under section 4973, plus associated additions to tax and penalties.
2 Currently before the Court is petitioner’s Motion for Summary Jud gment under Rule 121. Petitioner contends that the IRS “is precluded as
a matter of law from asserting …