IRCCourt RulingsFeb 9, 2023related by meaning
owing
differences:
I --between the amounts of royalties and other
expenses referred to in article 74 of the
mentioned Law, credited or paid during the base-year, and the minimum percentages
established for the respective deduction,
according to (b) and (d);
II--between the quotas for the purpose of
forming depreciation…
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…
IRCCourt RulingsSep 13, 1990related by meaning
y [section 403(a) of ERTA],
then the amendment made by [section 403(a) of ERTA] shall not apply to the estate of such decedent.
[1981-2 C.B. 326-327.] *295 Respondent asserts that all the conditions contained in section 403(e)(3) have been met. Therefore, *99 he maintains, petitioner is not entitled to an unlimited mar…
IRCCourt RulingsFeb 24, 2014
…ral or directory and does not relate to the essence of the statute. Taylor v.
Commissioner, 67 T.C. 1071, 1077-1078 (1977).
IRCCourt RulingsJul 6, 2022related by meaning
and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. ,
98 T.C. at 520. In deciding whether to grant sum mary judgment, we construe factual materials and inferences drawn from them in the light
most favorable to the nonmoving party (here respondent) . Sundstrand
4
On December 13, 2021, petit…
IRCCourt RulingsApr 20, 2017
…, 791 F.2d 68, 71
(7th Cir. 1986); Bruhwhiler v. Commissioner, T.C. Memo. 2016-18, 111 T.C.M.
(CCH) 1071, 1074.
Petitioner has repeatedly advanced numerous frivolous positions in this
IRCCourt RulingsJul 14, 2005related by meaning
er for calendar year
1993 except that the reference to "20% reduction" was changed to
"50% percent reduction" in order to reflect changes made to sec. 274(n)(1) by the Omnibus Budget Reconciliation Act of 1993 (OBRA
1993), Pub. L. 103-66, sec. 13209(a), 107 Stat. 469. In this
connection, prior to its amendment by OBRA …
IRCCourt RulingsJun 13, 2012
…td. v. United States, 291 F.2d 761, 768
(9th Cir. 1961)), aff'd without published opinion, 770 F.2d 1071 (3d Cir. 1985);
see also House Beautiful Homes, Inc. v. Commissioner, 405 F.2d at 66 ("[I]t is
only through an analysis of conduct that motivation can be inferred. Whether the
conduct occurs immediately subsequent t…
IRCPrivate Letter RulingsJun 11, 2004related by meaning
INTERNAL REVENUE SERVICE
NATIONAL OFFICE TECHNICA L ADVICE MEMORANDUM
January 07, 2004
Number: 200424004
Release Date: 6/11/04
Third Party Contact:
Index (UIL) No.: 404.11-00, 446.04-03, 446.04-04
CASE-MIS No.: TAM- 127815-03, CC:ITA:B07
Industry Director
------------------------------------------------
Taxpayer's Name…
IRCCourt RulingsNov 21, 2007
…93 36 .1085 6,818 .47 1,608 .94 8,427 .4 1
1994 66 .0084 15,698 .12 1,725 .72 17,423 .8 4
1995 108 .1071 46,776 .86 6 .29 46,783 .1 5
1996 144 .5164 108,732 .69 30 .90 108,763 .5 9
1996 110,116 .148 0
1997 10,323 .9064 304,555 .24 10 .31 304,565 .5 5
'Number of shares restated to reflect a 70-to-1 stock split .
After p…
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…
66 T.C. 348 — Comprehensive Designers International, Ltd. v. Commissioner IRCCourt RulingsMay 26, 1976related by meaning
poses of this case, that the credit which petitioner will obtain is precisely equal to the amount of the creditable foreign taxes in terms of dollars. For the reasons stated, we hold that the foreign tax credit available to petitioner for fiscal 1967 should be adjusted to reflect the dollar cost on the payment date of …
IRCCourt RulingsJul 2, 2003
…ubstance or essence of the statute, they must be rigidly
observed. Taylor v. Commissioner
, 67 T.C. 1071, 1077 (1977);
Sperapani v. Commissioner
, 42 T.C. 308, 331 (1964). On the other
hand, if the requirements are procedural or directory in that
they do not go to the essence of the thing to be done, but rather
- 8 -
a…
IRCCourt RulingsFeb 12, 2003
…ommissioner
, T.C. Memo. 1998-318
(docket No. 18155-96R) (the declaratory judgment), affd. 207 F.3d
1071 (8th Cir. 2000). We held that the trust was not a qualified
trust under section 401(a) beginning with the plan year 1986
because the annual additions exceeded the limitations of section
415(c) when we found that the…
IRCCourt RulingsMar 14, 2019
…r, 791 F.2d 68, 71 (7th Cir. 1986); Bruhwiler v. Commissioner, T.C. Memo. 2016-18, 111 T.C.M. (CCH) 1071, 1074.
Petitioner has raised many frivolous arguments during this litigation. We
sanctioned him on two prior occasions for advancing frivolous arguments, and in
this case we repeatedly warned him to desist from doin…
IRCCourt RulingsMay 11, 2006related by meaning
T. C. Memo. 2006-101 CA
l STA
UNITED STATES TAX COURT . .
EUGENIE DENISE MITCHELL, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 7144-04. Filed May ll, 2006.
Eugenie Denise Mitchell, pro se.
Margaret A. Martin· and Daniel J. Parent, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
SWIFT, …
IRCCourt RulingsJan 22, 2025
…dler v. Commissioner, 75 T.C. 1, 20– 21 ( 1980) ( quoting Es tate
of Ruben v. Commissioner, 33 T.C. 1071, 1072 (1960)). Petitioner has
not argued that any of the statutory exceptions under section 6654(e)
applies , and none apply . Accordingly, we find that petitioner is liable
for the addition to tax under section 665…
IRCCourt RulingsMay 23, 1979related by meaning
rden of proof on the unreasonable compensation issue since he raised it in his amended answer. Rule 142(a), Tax Court Rules of Practice and Procedure. Turning to the merits, we note that respondent argues that the case of Bianchi v. Commissioner, 66 T.C. 324 (1976), affd. per curiam 553 F.2d 93 (2d Cir. 1977), is direc…
IRCCourt RulingsMay 24, 2000
…dependent contractor working
for the taxpayer, Howard E. Clendenen, Inc. v. Commissioner
, 207
F.3d 1071 (8th Cir. 2000), affg. T.C. Memo. 1998-318. We follow
that holding and conclude that the management fees paid to Mr.
IRCCourt RulingsJul 29, 1997related by meaning
rences are
to the Internal Revenue Code in effect for the year in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure. The issues for decision are (1) whether a pension plan
distribution to petitioner is taxable pursuant to section
402(a)(1) and whether petitioner is liable for a 10-perc…