IRCCourt RulingsDec 22, 2008
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S R
T .C . Memo . 2008-28 8
UNITED STATES TAX COUR T
CARL ROBERT WAGENKNECHT , JR ., Petitioner v .
COMMISSIONER OF INTERNAL REVENUE, Responden t
Docket No . 8293-07
. Filed December 22, 2008 .
Carl Robert Wagenknecht , Jr ., pro se .
Katherine Lee Kosar , for respondent .
MEMORANDUM FINDINGS OF FACT AND OPINIO N
VAS…
IRCCourt RulingsFeb 9, 2023★ strong match
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 RulingsMar 5, 2018related by meaning
on 482 transfer pricing rules that generally apply in allocating income and
deductions among related taxpayers. Second, the FSC provisions effectively lowered the tax rate for qualifying export-related taxable income allocated to the
FSC.
22See supra note 4.
- 30 -
A. Relaxed Transfer Pricing Rules
Section 925(a) provi…
IRCCourt RulingsJul 14, 2005related by meaning
48 F.2d 306, 310 (9th Cir.
1945), affg. a Memorandum Opinion of this Court dated Jan. 5,
1943; Standard Knitting Mills, Inc. v. Commissioner, 141 F.2d 195, 198-199 (6th Cir. 1944), affg. 47 B.T.A. 295 (1942).
Generally, new issues may not be raised in a Rule 155
computation. Harris v. Commissioner, 99 T.C. 121, 123 (19…
IRCCourt RulingsJul 31, 2000
…lan paid the first-year premium, and, at the end of
that year, the conversion credit balance was $9,288.90
($10,653.50 - $1,764.60 + $400); the $400 is the interest of 4.5
percent earned on the conversion credit balance (($9,288.90 -
$400) x 4.5% = $400)). None of the conversion credit balance
could have been transferr…
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…
91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure ERISAProposed Rules (FR)Proposed Jan 30, 2026
…ption drugs more significantly, consistent with the effect of similar disclosures in other markets.[288]
IRCCourt RulingsJan 20, 1983related by meaning
sue in this case is within the scope of respondent’s authority and is reasonable, it is not necessary to classify it as legislative or interpretative. Respondent’s position is that the disputed regulation appropriately implements section 415, which was intended by Congress to allow automatic increases in benefits based…
T.C. Memo. 2026-68 — Malibu Valley Land, LLC, Spectrum Development, Inc., Tax Matters Partner v. Commissioner IRCCourt RulingsAug 17, 2026
…al law, but embody state policy.”
See Pac . Palisades Bowl Mobile Estates, LLC v. City of L . A . , 288 P.3d 717, 721 (Cal.
2012) (quoting Charles A. Pratt Constr. Co. v. Cal . Coastal Com m’n , 76 Cal. Rptr. 3d
466, 471 ( Ct. App. 2008)). Regardless of whether the primary authority to issue c oastal
13
[* 13] The Cali…
82 FR 43299 — Allocation of Assets in Single-Employer Plans; Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits PBGCFinal Rules (FR)Sep 15, 2017
rt 4022, Rate Set 288, as set forth below, is added to the table.
Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments
* * * * *
Rate set For plans with a valuation date
Immediate
annuity rate
(percent)
Deferred annuities
(percent)
On or after
Before
i1
i2
i3
n1
n2
* * * * …
IRCCourt RulingsJun 6, 2005related by meaning
a matter of
legislative grace, and the burden of clearly showing the right to
the claimed deduction is on the taxpayer. INDOPCO, Inc. v.
Commissioner , 503 U.S. 79, 84 (1992). We are bound by the
Internal Revenue Code, and it is within the province of the
legislature to decide the circumstances of inclusion, deductions…
89 FR 23090 — Amendment to Prohibited Transaction Class Exemption 84-14 for Transactions Determined by Independent Qualified Professional Asset Managers (the QPAM Exemption) ERISAFinal Rules (FR)Apr 3, 2024
… on the QPAM Exemption
172,187
$1,729
Notice of Failure to Report Reliance on the QPAM Exemption
17,288 159
Recordkeeping
688,750
688,750
Refusal to Disclose Requested Information
34,577
34,577
QPAMs Losing Eligibility:
Notice to Plans
782
782
Notice to the Department of Prohibited Misconduct and Foreign NPA/DPA
340
34…
T.D. 9324 — Final regulations under section 402A of the Code provide guidance concerning the taxation of distributions from designated Roth accounts under qualified cash o… IRCTreasury DecisionsMay 29, 2007related by meaning
2 Announcement 2007-52
A list is provided of organizations now classified as private foundations.
ADMINISTRATIVE
Rev. Proc. 2007-32 Rev. Proc. 2007-32 This procedure updates the Gaming Industry Tip Compliance Agreement (GITCA) Program, Rev. Proc. 2003-35, 2003-1 C.B. 919. This program allows gaming industry employers t…
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
…State-registered investment advisers × 10% × (100% − 30%)) + (84 insurers × 10% × (100% − 30%)) ≉ 1,288 Financial Institutions updating existing disclosures. The number of financial entities needing to draft their written acknowledgement is estimated as: 200 robo-advisers + 31 non-bank trustees + (1,920 broker-dealers …
89 FR 32260 — Amendment to Prohibited Transaction Exemption 2020-02 ERISAFinal Rules (FR)Apr 25, 2024
…363 State-registered investment advisers × 10% × (100%−30%)) + (84 insurers × 10% × (100%−30%)) = 1,288 Financial Institutions updating existing disclosures. The number of Financial Institutions needing to draft their written acknowledgement is estimated as: 200 robo-advisers + 31 non-bank trustees + (1,920 broker-deal…
IRCCourt RulingsMay 28, 1962related by meaning
ystem. * * * To grant plaintiff the relief prayed for would either be to invoke equity or to legislate, which in either instance, is not our province. Similarly, in the instant case, although the result is harsh, the clear and unambiguous language of the statute requires the conclusion that petitioner is not entitled t…
85 FR 81097 — Grandfathered Group Health Plans and Grandfathered Group Health Insurance Coverage IRCFinal Rules (FR)Dec 15, 2020
…is approximately $64.52. Thus, the Departments estimate that the overall cost for the estimated 414,288 grandfathered group health plan coverage sponsors and issuers will be $26,729,861.76 ($64.52 * 414,288 total number of estimated grandfathered plan sponsors and issuers).[33]
D. Regulatory Alternatives Considered
In …
IRCCourt RulingsMar 5, 1987related by meaning
amended and in effect during the years in issue. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure. Our references to secs. 371 and 372 of the Judicial Code are to those sections as in effect during 1980 and 1981. Sec. 372 of the Judicial Code was amended twice by acts…
IRCCourt RulingsMay 19, 1986
…ols v. Coolidge in turn rested for invoking the Fifth Amendment. See, e.g., Porter v. Commissioner, 288 U.S. 436 (1933); Reinecke v. Northern Trust Co., 278 U.S. 339 (1929); Savage v. United States, 331 F.2d 678 (2d Cir. 1964); McIntosh’s Estate v. Commissioner, 248 F.2d 181 (2d Cir. 1957), affg. 25 T.C. 794 (1956); Ba…
IRCCourt RulingsJun 24, 2003related by meaning
tract unless such amounts are
specifically excluded from gross income under other provisions of
chapter 1 of the Code. The burden is on petitioners to demonstrate that the payments in question fall into a specific
statutory exclusion. See Commissioner v. Glenshaw Glass Co.
, 348
U.S. at 429-431.
Under section 72(t), a …