Treas. Reg. § 1.407-1(c)(1)(ii) — Treatment of certain employees of domestic subsidiaries engaged in business outside the United States as employees of the domestic parent corporation. IRCRegulationsMay 18, 2016
… (including individuals treated as employees of the domestic parent corporation pursuant to section 407 and this section).
(c)(2) (2) Determination of compensation. For purposes of applying section 401(a) (5) and the regulations thereunder, relating to classifications that will not be considered discriminatory, with re…
IRCCourt RulingsSep 30, 1991★ strong match
…be decided whether the subject property constituted qualifying employer real property under section 407(d)(4) of ERISA. Section 407(d)(4) of ERISA defines “qualifying employer real property” as parcels of “employer real property” if a substantial number of parcels are dispersed geographically. In addition, each parcel …
IRCCourt RulingsJun 1, 1987
…ease transactions did not concern “qualifying employer real property” within the meaning of section 407(d)(4) of ERISA. Petitioners’ assertion is conditioned upon the determination as to whether the subject lease transactions concern “employer real property” within the meaning of section 407(d)(2) of ERISA and, if so, …
IRCPrivate Letter RulingsMar 2, 2001
…ed person. ERISA §408(e), in turn, cites the definition of qualifying employer
securities in ERISA §407(d)(5). Bas ed upon these provisions, the Department of
Labor has concluded, and we concur, that for purposes of meeting the exemption
under §4975(d)(13) the definition of “qualif ying employer securities” in §407(d)(…
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 RulingsJan 14, 2013related by meaning
Mr. Villasenor was injured on or about May 13, 2000. Although the
file is much more extensive than that of Ms. Muriel and it appears that petitioners hired and paid attorneys through 20 3 to handle the appeal of the worker's
compensation claim, Ms. Strick's name does not appear on any of the documents,
and she did not…
T.C. Memo. 2014-109 — Leslie J. Molinet Petitioner, and Michael F. Molinet, Intervenor v. Commissioner IRCCourt RulingsJun 9, 2014related by meaning
t available to the
spouse under section 6015(b) or (c). Sec. 6015(f)(1) and (2).
Subsections (b) and (c) of section 6015 apply only in the case of "an understatement of tax" or "any deficiency" in tax, and do not apply in the case of
underpayments of tax reported on joint tax returns. Sec. 6015(b)(1)(B), (c)(1);
Hopkin…
IRCCourt RulingsNov 17, 2016related by meaning
culating the required reduction in the section 415 dollar limitation.
Accordingly, inasmuch as respondent applied this method to calculate the reduced benefit limitation under section 415(b)(2)(C) for the plan, his calculations of the
age 45 limits for tax years 2002 through 2006 are correct.
III. Petitioner's Liabilit…
IRCCourt RulingsOct 18, 2002
…s) 14,473.86 19,902.36
Line 15a. Total IRA distributions $85,630.90 ---
Line 15b. Taxable amount 21,407.73
[2]
21,407.50
Line 33. Adjusted gross income 43,127.58 48,742.89
1
In 1998, petitioners originally reported $1,016.20 of interest income
but actually received only $980. See supra
note 2.
2
We note that in 1999 pe…
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 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 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 RulingsDec 8, 1987
…he acquisition, sale, or lease by a plan of qualifying employer real property as defined in section 407(d)(4) of ERISA. To be exempt, such acquisition, sale, or lease must be for adequate consideration, no commission must be charged for arranging such transaction, and the plan involved must be an eligible individual ac…
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…
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…
REG-106796-12 — These proposed regulations provide guidance on the application of section 162(m)(6). Section 162(m)(6) limits the allowable deduction for remuneration for serv… IRCProposed Rules (FR)Proposed May 28, 2013
ry 1, 2026 is $407,143. Therefore, the remuneration attributable to services performed by K in J’s 2024 taxable year is $80,612 ($407,143 - $326,531). (xi) As of December 31, 2025, K has a right to a $500,000 payment on January 1, 2026 ($500,000 x 10% x 10 years of service). The present value as of December 31, 2025 of…
IRCCourt RulingsNov 1, 2005related by meaning
bilateral tendinitis, carpal
tunnel syndrome, and depression at the time the estimated
payments were required to be made. However, during this period, petitioner was employed by Cypress and was running her own
startup network marketing business. We find that petitioner was
not disabled for purposes of section 6654. The…
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…
IRCCode / StatuteJan 6, 2025
…its affiliates that involves the acquisition or sale of an employer security (as defined in section 407(d)(1) of the Employee Retirement Income Security Act of 1974) or the acquisition, sale, or lease of employer real property (as defined in section 407(d)(2) of such Act).
(f)(11)(B)(ii) (ii) Knowing prohibited transac…
IRCCourt RulingsDec 19, 2000
…res set
forth in sections 6221 through 6231; i.e., the TEFRA partnership
provisions. See TEFRA sec. 407(a)(1), 96 Stat. 670. Under TEFRA
section 407(a)(3), 96 Stat. 670, the TEFRA procedures may also
apply to partnership taxable years beginning before the September
3, 1982, effective date. TEFRA section 407(a)(3) provi…