IRCCourt RulingsJul 14, 2005related by meaning
number of TLC's customers applied the sec. 274(n)(1) limitation
to any amounts that they paid to TLC.
"Even if we were to allow petitioner to advance petitioner's tax duplication argument, petitioner would not be
entitled to the remedy it seeks. If, as petitioner asserts,
certain trucking company clients applied the s…
IRCCourt RulingsSep 14, 1993
…986 (tra), Pub. L. 99-514, sec. 1122(a)(2), 100 Stat. 2085, 2466. Finally, tra sections 1122(h) and 1124, 100 Stat. 2470, 2475, provide transitional rules under which lump sum distributions made after December 31, 1986, will, in certain limited circumstances, nonetheless be taxed under the 10-year (rather than the 5-ye…
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 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 RulingsOct 3, 1995★ strong match
…)(2), (h)(1), 100 Stat. 2085, 2466, 2470. However,
the Tax Reform Act of 1986, secs. 1122(h)(5) and 1124, provide
transitional rules under which lump sum distributions made after
Dec. 31, 1986, will nevertheless continue to qualify, under
certain limited circumstances, for the more generous 10-year
(continued...)
IRCCourt RulingsMar 5, 1987
…so United States ex rel. Toth v. Quarles, 350 U.S. 11, 16 (1955); United States v. Isaacs, 493 F.2d 1124, 1142 (7th Cir. 1974). They receive a salary which cannot be diminished. U.S. Const. art. III, sec. 1. The constitutional grant of life tenure during good behavior and an undiminishable salary “were designed to give…
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 …
Rev. Proc. 2019-19 — This revenue procedure modifies and supersedes Rev. Proc. 2018-52, 2018-42 I.R.B. 611, the most recent prior consolidated statement of the correction programs … IRCRevenue ProceduresSuperseded May 6, 2019
…ons not related to a VCP submission
1122
.06 Processing of submission
1122
.07 Compliance statement
1124
.08 Effect of compliance statement on examination
1125
.09 Special rules relating to Anonymous Submissions
1125
.10 Special rules relating to Group Submissions
1126
.11 Multiemployer and multiple employer plans
1127…
50 T.C. 771 — New England Tank Industries, Inc. v. Commissioner IRCCourt RulingsAug 26, 1968
…air market value of the property at the time the option was to be exercised. D. M. Haggard, 24 T.C. 1124 (1955), affd. 241 F. 2d 288 (C.A. 9, 1956). Petitioner argues that the Government, by payment of $715,000 at the end of the firm 5-year period, could secure transfer of title to property that 5 years earlier had cos…
133 T.C. No. 9 — Taproot Administrative Services, Inc. v. Commissioner IRCCourt RulingsSep 29, 2009
… actual role the
shareholder has played in corporate governance . Pahl v .
Commissioner , 150 F .3d 1124, 1129 '(9th Cir .1998), affg . T .C .
Memo . 1996-176 . In various custodial account agreements
preapproved by the IRS, the depositor (owner) is responsible for
providing information to the custodian ;" he can combi…
IRCCourt RulingsAug 1, 2012related by meaning
4, 2011, but was continued on petitioners' motion so that the parties
could determine the amounts of nondeductible contributions to the IRAs. The case was continued to March 23, 2011, but was thereafter continued again on
petitioners' motion so that they could take a trip out of the country.
By notice served May 9, 201…
IRCCourt RulingsJan 26, 1998
…
transaction and not its form is controlling. Road Materials,
Inc. v. Commissioner
, 407 F.2d 1121, 1124 (4th Cir. 1969), affg.
on this issue T.C. Memo. 1967-187. In determining whether the
form of a transaction between closely related parties has
substance, we should compare their actions with what would have
occurred…
IRCCourt RulingsJun 14, 1982related by meaning
nder the Sixth and Ninth Amendments of the Constitution were not violated by our actions in the instant case.
Decision will be entered under Rule 155. By stipulation, respondent concedes that the $1,562 figure is the product of an erroneous computation in the statutory notice of deficiency and that should respondent pr…
IRCCourt RulingsAug 3, 1979related by meaning
to a reasonable concern of Congress. Thus section 219(b)(2) does not create an unconstitutional presumption.
II. Liability for Section U973 Excise Tax Petitioners argue that, if we uphold the constitutionality of section 219(b)(2), then the 6-percent excise tax imposed by section 4973 cannot be imposed because there ar…
IRCCourt RulingsMay 22, 2008related by meaning
Internal Revenue Code .
Accordingly, petitioner is liable for the section 6662 penalty .
In 2002, petitioner received distributions from a retiremen t plan . Pursuant to section 72(t), a 10H-percent additional tax is
i
6 -
imposed upon such distributions unless the distributions meet the
requirements of one of the exce…
IRCCourt RulingsOct 3, 1995
…22(a)(2), (h)(1), 100 Stat. 2085, 2466, 2470. However,
Tax Reform Act of 1986, secs. 1122(h)(5) and 1124 provide
transitional rules under which lump sum distributions made after
Dec. 31, 1986, will nevertheless continue to qualify, under
certain limited circumstances, for the more generous 10-year
forward averaging met…
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 RulingsSep 21, 2017
…stantiate expenses through reasonable
reconstruction. See Malinowski v. Commissioner, 71 T.C. 1120, 1124-1125
(1979). The burden is on the taxpayer to show that the documents were actually
destroyed because of circumstances beyond his or her control. See Adler v.
Commissioner, T.C. Memo. 2010-47, afCd, 443 F. App'x 736…
IRCCourt RulingsFeb 14, 1996
…greements read in light of the
attendant facts and circumstances. Haggard v. Commissioner
, 24
T.C. 1124, 1129 (1955), affd. 241 F.2d 288 (9th Cir. 1956).
- 29 -
Various factors to consider in making a determination as to
whether a sale has occurred were summarized in Grodt & McKay
Realty, Inc. v. Commissioner
, supra
…
IRCCourt RulingsJul 25, 1984related by meaning
cated, and all Rule references are to the Tax Court Rules of Practice and Procedure.
See Tipton & Kalmbach, Inc. v. Commissioner, T.C. Memo. 1982-260. We note, however, that Congress in enacting ERISA appears to have adopted the facts and circumstances test of sec. 1.401-6(b)(2), Income Tax Regs., for determining wheth…