IRCCourt RulingsOct 29, 2020
…e year is disallowed, and the disallowed loss is carried
forward to the next taxable year. See sec. 469(a) and (b). A passive activity loss is the amount by which the aggregate losses from all passive activities for the taxable
year exceed the aggregate income from all passive activities for such year. Sec.
469(d)(1). …
IRCCourt RulingsSep 13, 2010
…tivity is ,
any tradeor business in which the taxpayer does not materially ,
participate .` . Sec . 469 ( c)(1) . Rental activity is treated as a per se passive activity- regardless -of whether the taxpaye r
materially participates . Sec . 469(c)(2), (4) .
Under section 469(c)(7)(B),'the rental activities of .
taxpayer…
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 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 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 …
IRCCourt RulingsJan 14, 2013
…993 957,930 (8,463) 31,601 23,138
1994 982,305 34,585 32,410 66,995
1995 1,066,006 22,767 20,702 43,469
1996 1,127,454 16,063 33,092 49,155
1997 1,169,540 22,903 18,346 41,249
1998 1,238,596 44,632 30,033 74,665
1999 1,265,554 81,916 12,980 94,896
IRCCourt RulingsMay 23, 1979★ strong match
…17
1972 51,000 19,973 70,973
1973 51,000 19,973 70,973
19742 52,000 ' 20,021 72,021
19752 63,000 20,469 83,469
IRCCourt RulingsSep 13, 2004
…the issues without regard to
the burden of proof.
1. Petitioner's Rental Real Estate Losses
Section 469(a) generally disallows passive activity losses.
Section 469(d)(1) defines "passive activity loss" as the excess
of passive activity losses over passive activity income for the
taxable year. Under section 469(c)(2), p…
IRCCourt RulingsDec 29, 2005related by meaning
d the $1,916 payment as
a qualified retirement contribution to an individual retirement
account (IRA). She contended in her pretrial memorandum and at trial that she properly deducted that amount as an IRA
contribution. In the opening brief, respondent argued that
section 219(g)(5) limits IRA deductions for active part…
IRCCourt RulingsOct 28, 1997
…fficient evidence
corroborating the taxpayer's own statement". Sec. 274(d).
Rental Expenses
Section 469 limits the allowance of passive activity losses.
Section 469(a) provides that for an individual, no passive
activity loss will be allowed for a taxable year. Section
469(c)(2) defines the term "passive activity" to i…
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 RulingsMar 7, 2019
…
deductions only for property it owns, Arevalo v. Commissioner, 124 T.C. 244,
251-52 (2005), aff d, 469 F.3d 436 (5th Cir. 2006), and can start depreciating
property only when it first places the property into service in its trade or business,
sec. 1.167(a)-10(b), Income Tax Regs. To prove entitlement to a depreciation…
IRCCourt RulingsApr 11, 2012★ strong match
Notice 95-34 the IRS provided guidance on the tax problems raised
by certain trust arrangements in seeking to qualify for jexemption from section 419. Furthermore, before any of the years at issue, this Court issued Neonatology
Assocs., P.A. v. Commissioner, 115 T.C. 43. We therefore conclude that there
was not substan…
IRCCourt RulingsOct 9, 1997related by meaning
einafter referred to
as the instant case). The instant case is before the Court on
- 3 -
1
All Code and section references are to the Internal Revenue Code in effect for the year at issue. All Rule references are to
the Tax Court Rules of Practice and Procedure.
the parties' cross-motions for partial summary judgment. …
IRCCourt RulingsNov 7, 1996related by meaning
T.C. Memo. 1996-502
UNITED STATES TAX COURT
ELAINE S. BENNETT, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 8545-96. Filed November 7, 1996.
Vernon E. Robbins
, for petitioner.
Alan R. Peregoy
, for respondent.
MEMORANDUM OPINION
DAWSON, Judge
: This case was assigned to Special Trial
Judge Ro…
IRCCourt RulingsNov 30, 2006related by meaning
1
Unless otherwise indicated, all subsequent section
references are to the Internal Revenue Code in effect for 2002,
the taxable year in issue.
T.C. Summary Opinion 2006-184
UNITED STATES TAX COURT
WILLIAM EDWARD AND PATRICIA MARIE COLOMBELL, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 23979…
IRCCourt RulingsSep 28, 2022
…hat petitioners had contributed to CRAT I corn
and soybeans with a fair market va l ue (F M V) of $ 469,003 and a cost
basis of zero. On the 2016 return he reported that petitioners had contributed to CRAT II c orn and soybeans with a n FMV of $ 666,975 and a
cost basis of zero.
2
For purposes o f this litigation respo…
IRCCourt RulingsNov 10, 1998related by meaning
tstanding rollover involved in
this case. Accordingly, the amount of excludable basis in the
instant case is computed by multiplying the amount of the distribution $6,100 by a fraction the numerator of which is
$1,950 and the denominator of which is $1,374.53 plus $6,100,
resulting in an amount excludable of $1,591.40.…
IRCCourt RulingsSep 25, 2000
… and each part should be given its
full effect. See McNutt-Boyce Co. v. Commissioner
, 38 T.C. 462,
469 (1962), affd. per curiam 324 F.2d 957 (5th Cir. 1963). When
identical words are used in different parts of the same act, they
are intended to have the same meaning. See Commissioner v.
Keystone Consol. Indus., Inc.
,…
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…