IRCCourt RulingsJun 14, 2012★ strong match
…ayor
- - 45 - of Oradell, 425 U.S. 610, 620 (1976)); see also United States v. Derezinski, 945
F.2d 1006, 1010 (8th Cir. 1991). It is apparent that Notice 2004-8, supra
addresses transactions structured to circumvent the.statutory limitations on
contributions to Roth IRAs. The notice specifies what type of entities or
…
IRCCourt RulingsMar 5, 1987
…t is “indispensible” as it was characterized by the Sixth Circuit in Pope v. Commissioner, 138 F.2d 1006 (6th Cir. 1943). The Court actually defined “officer” as a holder of an office under the Government established by the Constitution. Buckley v. Valeo, 424 U.S. 1, 125-126 (1976). However, its reliance on United Stat…
IRCCourt RulingsFeb 22, 1989related by meaning
n from sec. 457 altogether.
We note the irony that, on answering brief in another issue in the instant case, petitioners make the following statement: It is improper to resort to legislative history where the statute is clear. U.S. v. Prudential Ins. Co. of America, 461 F.2d 280 (5th Cir. 1972); U.S. v. Marett, 325 F.2…
IRCCourt RulingsJun 9, 2009
…ief respondent contends that Exhibit 6-P i s an improper summary, ,chart, or calculation under rule 1006 of the
Federal Rules of Evidence because the underlying documents use d
to prepare the spreadsheet were not made available to respondent
and petitioner provided no testimony regarding the preparation o f
the spreads…
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…
ERISACourt RulingsAug 25, 1995
… assets to, or use
by or for the benefit of, a party-in-interest; ERISA §
406(a)(i)(D), 29 U.S.C. § 1006(a)(i)(D); (ii) any
transaction in which a fiduciary deals with plan assets in his
interest or for his own account; ERISA § 406(b)(i), 29
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 22, 1999
…ioner
, 848 F.2d 1007 (9th Cir. 1988), affg. T.C. Memo.
1987-225; Carter v. Commissioner
, 784 F.2d 1006, 1009 (9th Cir.
1986). Petitioners allege: (1) The wages they received are not
IRCCourt RulingsAug 16, 2017related by meaning
en of proving that
those determinations are erroneous.4 See Rule 142(a); Welch v. Helvering, 290
U.S. I11, 115 (1933).
I. Section 72(t) Additional Tax Section 72(t)(1) imposes an additional tax on an early distribution from a
qualified retirement plan equal to 10% of the portion of the amount that is
includable in gros…
125 T.C. No. 11 — Estate of Doris F. Kahn, Deceased; LaSalle Bank, N.A., Trustee & Executor v. Commissioner IRCCourt RulingsNov 17, 2005
…elies on a
hypothetical buyer and seller. See Estate of Bright v. United
States, 658 F.2d 999, 1005-1006 (5th Cir. 1981); Rothaery v.
United States, 201 Ct. Cl. 183, 475 F.2d 591, 594 (1973); United
States v. Simmons, 346 F.2d 213, 217 (5th Cir. 1965); Estate of
Andrews v. Commissioner, 79 T.C. 938, 956 (1982). The wil…
IRCCourt RulingsAug 27, 2026
…ent. ” Cole v.
Commissioner, T.C. Memo. 2010-31, slip op. at 2 1 ( c it ing Stephenson , 79
T.C. at 1006) , aff’d , 637 F.3d 767 (7th Cir. 2011) ; see also Niedringhaus ,
99 T.C. at 211 . Mr. Janangelo is a tax professional. He is a licensed
attorney, a certified public accountant, and (for many years) an
employee of t…
IRCCourt RulingsFeb 18, 1997related by meaning
ioner's retirement distribution's
being taxed twice. We think petitioners' contention is
meritorious. Here we take note of the long-standing principle that double taxation is to be avoided unless expressly intended
by Congress. E.g., Maass v. Higgins
, 312 U.S. 443, 449 (1941);
United States v. Supplee-Biddle Hardware …
IRCCourt RulingsSep 13, 1990related by meaning
as to utilize the estate tax unified credit to its fullest extent.
Kenneth G. Coveney, for the petitioner.
William H. Quealy, Jr., for the respondent. Nims, Chief Judge. Korner, Hamblen, Cohen, Clapp, Swift, Wright, Parr, and Colvin, JJ., agree with the majority. Chabot, J., concurring *88 in the result. Hamblen and Wh…
IRCCourt RulingsSep 14, 1993related by meaning
nternal Revenue Code of 1986 (as amended by subsection (a) [of this Act]) that the distribution be received after attaining age 591/2 shall not apply. (C) Lump Sum Distributions to Which Paragraph Applies. — This paragraph shall apply to any lump sum distribution if—
(i) such lump sum distribution is received by an ind…
IRCCourt RulingsDec 22, 2008
…8 F .2d 1007 ( 9th Cir . 1988), affg . T .C .
Memo . 1987-225 ; Carter v . Commissioner , 784 F .2d 1006, 1009 (9th
Cir . 1986 ) . We shall not painstakingly address petitioner's
assertions " with somber reasoning and copious citation of
precedent ;
to do so might suggest that these arguments have some
colorable merit …
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…
109 T.C. No. 21 — Lakewood Associates; Robert G. Moore, Tax Matters Partner v. Commissioner IRCCourt RulingsDec 29, 1997
…- 20 -
public entity exercising the power of eminent domain. Koziara v.
Commissioner
, 86 T.C. 999, 1006-1007 (1986), affd. 841 F.2d 1126
(6th Cir. 1988). A condemnation or involuntary conversion of
property as defined under section 1231 has not occurred in this
case.
Considering the question of the effect of the 1989 …
IRCCourt RulingsAug 30, 1993related by meaning
ferences are to the Internal Revenue Code in effect for the years in issue, and Rule references are to the Tax Court Rules of Practice and Procedure.↩ 1. To be determined.↩
2. The $ 53 difference between the $ 6,853 amount appearing on the FYE 1985 Form 5500-C and the $ 6,800 amount appearing in the statutory notice of…
IRCCourt RulingsJan 2, 2020related by meaning
n 72(t) imposes an additional 10% tax on early distributions from a
qualified retirement plan, including an IRA, made to a taxpayer before she attains the age of 59½. See secs. 72(t)(1), (2)(A)(i), 4974(c)(4). Mrs. Gebman had not
attained the age of 59½ when she received the distributions at issue. The IRA
distribution…
IRCCourt RulingsFeb 9, 2023
…
was aimed. Cf. Treasury Regulations 111, sec. 29.45-1;
Advance Machinery Exchange, Inc. , 196 F.2d 1006 (C.A.2,
1952); Asiatic Petroleum Co. v. Commissioner , 79 F.2d 234
(C.A.2, 1935), certiorari denied 296 U.S. 645; National
Securities Corporation v. Commissioner , 137 F. 2d 600
(C.A. 3, 1943), certiorari denied 320…