IRCCourt RulingsDec 22, 2008★ strong match
…Rule 142(a) ; Welch v .
Helvering , 290 U .S . at 115 ; see also Higbee v . Commissioner ,
supra at 447 . Petitioner presented no evidence that his failure
to file was due to reasonable cause and not due to willful
neglect . We hold that petitioner is liable for the addition t o
i
tax pursuant to section 6651 ( a)(1) .…
Notice 2008-113 — This notice provides taxpayers the ability to correct certain operational failures to comply with section 409A of the Code, or to limit the amount of additiona… IRCNoticesModified Dec 22, 2008
…ecurities and Exchange Commission under § 16 of the Securities Exchange Act of 1934, as amended, 15 USC 78p, without regard to whether the service recipient has any class of equity securities registered under § 12 of such Act, 15 USC 78l. See 17 CFR § 240.16a-1(a) (beneficial owner) and (f) (officer). In the case of a …
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…
Notice 2007-100 — This notice provides transition relief and guidance on the correction of certain failures of a nonqualified deferred compensation plan to comply with section 4… IRCNoticesObsolete Dec 26, 2007
…ecurities and Exchange Commission under § 16 of the Securities Exchange Act of 1934, as amended, 15 USC 78p, without regard to whether the service recipient has any class of equity securities registered under § 12 of such Act, 15 USC 78l. See 17 CFR § 240.16a-1(a) (beneficial owner) and (f) (officer). In the case of a …
75 FR 8796 — Civil Penalties Under ERISA Section 502(c)(8) ERISAFinal Rules (FR)Feb 26, 2010related by meaning
ch sets forth additional circumstances in which the Service will automatically approve a request to revoke a section 204 election.
Back to Citation
4. An excise tax under Code section 4971(g)(4) generally applies, in addition to any penalty under ERISA section 502(c)(8), in the case of a failure to adopt a rehabilitat…
IRCCourt RulingsDec 8, 1987related by meaning
l Systems, Inc., 586 F.2d 1036, 1039 (5th Cir. 1978); In re Kline, 403 F. Supp. 974, 979 (D. Md. 1975), affd. per curiam 547 F.2d 823 (4th Cir. 1977). This Court’s jurisdiction is limited to redetermining the amount of a deficiency or addition to tax determined by the Commissioner. Sec. 6213. For such reason, we genera…
Ann. 2005-33 — This document contains corrections to final regulations (T.D. 9166, 2005-8 I.R.B. 558) under section 9801 of the Code governing portability requirements for gr… IRCAnnouncementsMay 9, 2005
…ALTH PLANS
Par. 1. The authority citation for part 2590 continues to read as follows: Authority: 29 USC 1027, 1059, 1135, 1161-1168, 1169, 1181-1183, 1181 note, 1185, 1185a, 1185b, 1191, 1191a, 1191b, and 1191c, sec. 101(g), Public Law 104-191, 101 Stat. 1936; sec. 401(b), Public Law 105-200, 112 Stat. 645 (42 USC 651 …
IRCCourt RulingsApr 10, 2008
…he Commissioner's
determination is incorrect . Rule 142(a) ; see Higbee v .
Commissioner , supra at 447 . The taxpayers may meet this burden
by proving that they acted with reasonable cause and in good
faith with respect to the underpayment . See sec . 6664(c)(1) ; see
also Higbee v . Commissioner , supra at 447 ; sec …
IRCCourt RulingsJul 8, 1980related by meaning
minations should also be within our jurisdiction. Regardless of the logic of petitioners’ position, we are constrained to deny their motion to vacate. The United States Tax Court has limited jurisdiction. See sec. 7442. Under this jurisdictional umbrella fall generally income, estate, gift, and miscellaneous excise tax…
85 FR 55219 — Fiduciary Duties Regarding Proxy Voting and Shareholder Rights ERISAProposed Rules (FR)Proposed Sep 4, 2020
…)
(H)
Provider: PP
1,988
8,020
139,973,458
6,998,673
2,332,891
$818,582,278
$257,516,169
$1,076,098,447
Total
1,988 139,973,458
6,998,673
2,332,891
818,582,278
257,516,169
1,076,098,447
Table 4—Cost Savings from Rule
Total costs of policy alternative without
permitted practices
Cost savings due to permitted practices
N…
IRCRegulationsSep 9, 2016
… interest rate for the 2011 plan year. The amount of the required contribution after adjustment is $447,923, determined as $440,000 increased for 4 months of compound interest at an effective annual interest rate of 5.5%.(v) A contribution of $447,923 is made on May 1, 2011, and is designated as a contribution under pa…
167 T.C. No. 4 — Piton Holdings, LLC, David L. Hall, Partnership Representative, Petitioner(s) v. Commissioner IRCCourt RulingsJul 15, 2026related by meaning
curacy-related penalty on
underpayments .” In relevant part, section 6662(a) and (b) provides:
(a) Imposition of penalty. — If this section applies to any portion of an underpayment of tax required to be
shown on a return, there shall be added to the tax an
amount equal to 20 percent of the portion of the
underpayment …
IRCCourt RulingsJun 6, 2016
…ax determined
under section 6651(a)(1). See sec. 7491(c); Higbee v. Commissioner, 116 T.C.
438, 446-447 (2001). The IRS satisfies its burden of production for the section
6651(a)(1) addition to tax by producing sufficient evidence to establish that the
taxpayer failed to timely file a required federal-income-tax return…
IRCCourt RulingsAug 27, 2018related by meaning
0 and $5,379, respectively; and
(4) liable for an accuracy-related penalty under section 6662(a) for 2013 and 2014
of $3,267 and $7,364, respectively. The examining agent's immediate supervisor approved the section 6662(a)
penalties in writing by making an entry in the Correspondence Examination
Automation Case Support…
IRCCourt RulingsJun 28, 2017
…en of production with respect to penalties.
Sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once the burden of production is met, the taxpayer must come forward with evidence
sufficient to show that the penalty does not apply. Higbee v. Commissioner, 116
T.C. at 447. Petitioners' understatement of t…
IRCCourt RulingsFeb 29, 2012related by meaning
statutory notice of deficiency was issued more than 6 years after
petitioner filed its Form 5530. The statute of,limitations is an affirmative defense that must be specifically pleaded; Petitioner did not raise the statute of;limitations
as an affirmative defense in its pleadings for the taxable year at issue.
Accordin…
IRCCode / StatuteJan 24, 2020related by meaning
(c)(4)(B) (B) Managers The Secretary may make written demand on an organization subject to penalty under subparagraph (A) specifying in such demand a reasonable future date by which the notice shall be submitted for purposes of this subparagraph. If such notice is not submitted on or before such date, there shall be pa…
IRCCourt RulingsSep 13, 2017
…orrect.
S_e_e Rule 142(a); Welch v. Helvering, 290 U.S. at 115; Higbee v. Commissioner,
116 T.C. at 447. Respondent has discharged his burden of production by
providing sufficient evidence showing that petitioners' understatement of income
tax for 2012 exceeds the greater of 10% of the tax that was required to be shown…
IRCRegulationsDec 30, 2016related by meaning
(d) (d) Computation of section 4975 excise tax. To the extent applicable, and solely for purposes associated with the payment of a section 4975 excise tax under the election referred to in this section, § 53.4941(e)-1 of this chapter (Foundation Excise Tax Regulations) is controlling.
IRCCourt RulingsFeb 24, 2011
…e indicating that it is appropriate to
impose the penalty. Higbee v. Commissioner, 116 T.C. 438, 446447 (2001). Once the Commissioner meets his burden of
production, the taxpayer-musts come forward with persuasive
evidence that the Commissioner's determinàtion is incorrect. See
id. at 447; see also Rule 142(a);~Welch v…