PLR 200208017 — Taxation of Employee Annuities (Taxable v. Not Taxable) IRCPrivate Letter RulingsFeb 22, 2002
… purposes of sections 72(e)(4), 72(e)(5), 72(e)(10), 72(e)(11), 72(q),
72(s), 72(u), 72(v), 101(f), 264(a)(3), 264(a)(4), 264(f), 7702, and 7702A.
Moreover, the Reorganization will not require retesting or the starting of new test
periods for the contracts under sections 264(d)(1), 7702(f)(7)(B)-(E), and
7702A(c)(3)(A)…
IRCPrivate Letter RulingsJun 13, 2014
…e)(2), a result
inconsistent with general income tax principles.
F ourth, the provisions of section 264(a) disallowing deductions on indebtedness to purchase or carry certain annuities further support our conclusion that the doctrine of
constructive receipt does not apply to annuities. In fact, section 264(a)(3) genera…
IRCCourt RulingsMar 14, 2019related by meaning
mmissioner, 126 T.C. 237, 257-258 (2006), rev'd on other grounds, 514 F.3d
1119 (10th Cir. 2008); Hull v. Commissioner, T.C. Memo. 2015-86, 109 T.C.M. (CCH) 1438, 1441.
- 20 -
[*20] D. Frivolous Position Penalty
Section 6673(a)(1) authorizes this Court to impose a penalty not in excess
of $25,000 "[w]henever it appears…
IRCCourt RulingsApr 20, 2017related by meaning
ish the tax shown on the taxpayer's return for the preceding year or
demonstrate that the taxpayer filed no such return. See Wheeler, 127 T.C. at 212; Schlussel v. Commissioner, T.C. Memo. 2013-185.
Respondent met his burden of production by including with his summary
judgment motion a redacted Form 4340 showing that p…
167 T.C. No. 4 — Piton Holdings, LLC, David L. Hall, Partnership Representative, Petitioner(s) v. Commissioner IRCCourt RulingsJul 15, 2026related by meaning
e rules regarding other penalties listed in section 6662(b).
See § 6662(c), (e)(1), (f)(1), (g)(1), (j)(1), (k) (each beginning with the phrase “[f]or purposes of this section” and explaining the meaning of terms such as “negligence,”
“substantial valuation misstatement,” and so on).
11
Section 6664(c) is titled “ Reas…
75 FR 33992 — Interest and Penalty Suspension Provisions Under Section 6404(g) of the Internal Revenue Code IRCFinal Rules (FR)Jun 16, 2010related by meaning
URE AND ADMINISTRATION
Paragraph 1.
The authority citation for part 301 continues to read in part as follows:
Authority:
26 U.S.C. 7805 * * *.
Par. 2. Section 301.6404-0 is amended by adding an entry for § 301.6404-4 to read as follows:
§ 301.6404-0
Table of Contents.
* * * * *
§ 301.6404-4 Suspension of interest and c…
80 FR 55249 — 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, 2015
…)
On or after
Before
i1
i2
i3
n1
n2
* * * * * * *
264
10-1-15
11-1-15
1.25
4.00
4.00
4.00
7
8
3. In appendix C to part 4022, Rate Set 264, as set forth below, is added to the table.
Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments
* * * * *
Ra…
Rev. Proc. 2006-3 — Areas in which rulings will not be issued (domestic areas). This procedure provides a revised list of those provisions of the Code under the jurisdiction of th… IRCRevenue ProceduresJan 3, 2006
…er or the taxpayer’s spouse or dependent, or is related directly to such medical care.
(22)
Section 264(b).—Certain Amounts Paid in Connection with Insurance Contracts.—Whether “substantially all” the premiums of a contract of insurance are paid within a period of 4 years from the date on which the contract is purchase…
Notice 2007-86 — This notice provides additional transition relief, under section 409A of the Code, that was scheduled to expire on December 31, 2007. Generally, this notice ex… IRCNoticesNov 13, 2007related by meaning
g whether an estate making the section 6166 election will be required to provide security.
TAX CONVENTIONS
Announcement 2007-107 Announcement 2007-107 The competent authorities of the United States and the United Kingdom hereby enter into the following agreement (“the Agreement”) regarding the definition of “first noti…
Rev. Proc. 2005-3 — Areas in which rulings will not be issued (domestic areas). This procedure provides a revised list of those provisions of the Code under the jurisdiction of th… IRCRevenue ProceduresJan 3, 2005
…er or the taxpayer’s spouse or dependent, or is related directly to such medical care.
(20)
Section 264(b).—Certain Amounts Paid in Connection with Insurance Contracts.—Whether “substantially all” the premiums of a contract of insurance are paid within a period of 4 years from the date on which the contract is purchase…
IRCCourt RulingsMay 28, 2003related by meaning
r the Northern District of
Illinois, in which petitioner pleaded guilty to one count of
obstructing and impeding the due administration of the Code in violation of section 7212(a).
3
- 6 -
3
(...continued)
corruptly or by force or threats of force (including
any threatening letter or communication) endeavors to
intimid…
IRCPrivate Letter RulingsMay 31, 2013
…contracts as not
resulting in a loss of “grandfathered” status for purposes of sections 72, 101(f), 264,
7702, and 7702A of the Internal Revenue Code and as not requiring retesting or the
beginning of a new test period under sections 264([d])(1), 7702(f)(7)(B) - (E), and
7702A(c) of the Code.” Rev. Proc. 92-57.
PLR - 1…
Notice 2024-2 — Miscellaneous Changes Under the SECURE 2.0 Act of 2022 IRCNoticesModified Jan 8, 2024
…dual retirement annuity described in section 408(b).
6 The definition of “State” for purposes of 42 USC 1395x(r)(1) is in 42 USC 410(h), which provides that the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.
Joint BoardRegulationsOct 11, 2017related by meaning
(c) (c) Authority to impose monetary penalty
(c)(1) (1) In general.
(c)(1)(i) (i) The Secretary of the Treasury, or delegate, after notice and an opportunity for a proceeding, may impose a monetary penalty on any practitioner who engages in conduct subject to sanction under paragraph (a) of this section.
(c)(1)(ii) (ii…
91 FR 4348 — Improving Transparency Into Pharmacy Benefit Manager Fee Disclosure ERISAProposed Rules (FR)Proposed Jan 30, 2026
…& Dana P. Goldman,
Overpaying for Prescription Drugs: The Copay Clawback,
(2018),
https://schaeffer.usc.edu/research/overpaying-for-prescription-drugs/.)
Back to Citation
183.
Megan Thompson (2018), W
hy a Patient Paid a $285 Copay for a $40 Drug, https://www.pbs.org/newshour/health/why-a-patient-paid-a-285-copa…
IRCCourt RulingsJun 14, 2012related by meaning
ause, petitioners must show that the assessment of the penalties is so
harsh and oppressive as to transgress the constitutional limitation: See, e.g., McGehee Family Clinic v. Commissioner, T.C.:Memo. 2010-202. The penalty
structure of section 6662A does not do so
Petitioners also contend that their due process rights …
PLR 200742010 — Annuities: Endowment and Life Insurance (Included v. Not Included in Gross Income) IRCPrivate Letter RulingsOct 19, 2007
…(e)(2), a result
inconsistent with general income tax principles.
Fourth, the provisions of section 264(a) disallowing deductions on indebtedness to
purchase or carry certain annuities further su pport our conclusion that the doctrine of
constructive receipt does not apply to annuities. In fact, section 264(a)(3) gener…
IRCCourt RulingsMar 12, 2015related by meaning
nd.8
SSeveral recent cases cite Bunney v. Commissioner, 114 T.C. 259, 265
(2000) (citing Matthews v. Commissioner, 92 T.C. 351, 361-362 (1989), aff'd, 907 F.2d 1173 (D.C. Cir. 1990)), where we held that the taxpayer "has the burden
of proving his entitlement to any of * * * [the sec. 72(t)(2)(A)] exceptions." Sg
g, Hyd…
IRCCourt RulingsJun 23, 2025related by meaning
one fluent in English knows that the word ‘includes’ cannot be assumed
to mean ‘includes only .’ . . .”) ; Waltne r , 107 T.C.M. (CCH) at 1201 (citing United States v. Lat ham , 754 F.2d 747, 750 (7th Cir. 1985) ) .
In sum, petitioner’s arguments have been rejected by the courts
in hundreds of cases, and we will not di…
IRCPrivate Letter RulingsJul 31, 2009
… (or the employer) is
directly or indirectly a beneficiary under the policy within the meaning of § 264(a). This
is because a fund’s qualified direct cost does not include amounts that would not have
been deductible if the employer had provided the benefit directly. In situations involving
premiums paid by a fund for c…