IRCPrivate Letter RulingsMay 2, 2008
… than annually) during the annuity period.
S. Rep. No. 10-455 at 149 (1988). See also
H.R. Rep. 100-795 at 143 (1988).
Section 72(q)(2)(I) provides that the te n percent penalty imposed by § 72(q) shall
not apply to any distribution under an immediate annuity contract (within the meaning of
§ 72(u)(4)).
Here, Taxpayer …
IRCCourt RulingsJun 4, 1997related by meaning
amount is erroneously treated
as self-employment income, or if an amount is
erroneously treated as wages, and
(2) If the correction of the error would require an assessment of one such tax and the
refund or credit of the other tax, and
- 23 -
(3) If at any time the correction of the
error is authorized as to one such t…
IRCCourt RulingsJan 31, 2008
…angs and Ms . Platt rely on s
by the Deficit Reduction Act of 1984 (DEFRA),
sec . 422(a), 98 Stat . 795 (amended section 71
argues that amended section 71 does not apply
We agree with respondent .l
3
IRCPrivate Letter RulingsApr 8, 2016
…ed the statutorily permitted entry
dates may be considered excludable employees.” H.R. Rep. No. 100-795 (1988). This
provides further support for the proposed application of the statutory language.
The special rule in § 401(k)(3)(F) for early participation requires the employer to use
§ 410(b)(4)(B) in order to take ad…
IRCCourt RulingsMay 14, 2001related by meaning
December 19, 1989,
- 6 -
for tax years ending after the date of enactment. See OBRA sec.
7841(a)(3), 103 Stat. 2428. The court order in this case was issued in 1985; it precedes the effective date of section
414(p)(11) and cannot qualify as a QDRO.
The decree provided that petitioner is to receive a "sum of
money equa…
IRCPrivate Letter RulingsApr 14, 2017
…ity 5 to be trea ted as a single employer in a controlled group with Entity 5 under
1
H.R. Rep. No. 795, 100
th
Cong., 2d Sess. (1988)
TAM - 121139-16 6
§ 414(c) for § 415 purposes (and accordingly the Taxpayer may have a separate § 415
limit apply for purposes of participating in any plans sponsored by Entity 1 from t…
T.D. 9275 — Final regulations under section 410 of the Code implement a statutory directive of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) to am… IRCTreasury DecisionsAug 28, 2006related by meaning
INCOME TAX
Rev. Rul. 2006-41 Rev. Rul. 2006-41
LIFO; price indexes; department stores. The June 2006 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with referenc…
ERISACourt RulingsSep 29, 2026
…Phelps Dodge Corp. Life, Accidental Death & Dismemberment
& Dependent Life Ins. Plan, 605 F.3d 789, 795– 96 (10th Cir. 2010).
In district court, “ a distinct standard ” exists when reviewing a plan
administrator’s denial of benefits. Graham v. Hartford Life & Accident Ins.
Co., 501 F.3d 1153, 1155 n.1 (10th Cir. 2007);…
IRCCourt RulingsJul 8, 1980related by meaning
2,300.
All statutory references are to the Internal Revenue Code of 1954 as in effect during the year in issue.
Sec. 6652(c) states in pertinent part: (c) Failure To Report Tips. — In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips requir…
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 RulingsApr 18, 1960
… petitioner’s percentage of X-ray charges. The balance in such account on December 28, 1956, was $8,795.63, of which $8,794.37 was withdrawn by the hospital on that date. The petitioner had decided that he could not afford to have his entire earnings from the hospitals during that year invested in annuities. Pursuant t…
IRCCourt RulingsJan 16, 2002related by meaning
470 in petitioner's
deductions, a $144 decrease in petitioner's withholding credits,
and the imposition of the section 72(t) additional tax of $1,283. Petitioner timely filed a Form 8857, Request for Innocent
Spolse Relief, seeking equitable relief from liability under the
provisions of section 66(c). Respondent determ…
122 T.C. No. 5 — Estate of John W. Clause, Deceased; Thomas Y. Clause, Personal Representative v. Commissioner IRCCourt RulingsFeb 9, 2004
…l regulations. See Peterson Marital Trust v. Commissioner
,
102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996); Truck
& Equip. Corp. v. Commissioner
, 98 T.C. 141, 149 (1992).
Thus, the election to apply section 1042 to a sale of stock
(statement of election) and the verified written statement from
the employer…
IRCCourt RulingsSep 22, 1998related by meaning
te minus amounts received before such date to
the extent excludible from gross income. Sec. 72(e)(6).
The remainder of petitioner's distribution after determination of the nontaxable amount represents the payment to
him of income and as the parties have agreed is subject to the
10-percent premature distribution tax und…
IRCCourt RulingsMay 23, 2011
…-Employment Contributions Act taxes. See S. Rept. 1856,
86th Cong., 2d Sess. 1960, 1960-2 C.B. 792, 795.
"Petitioner alleges that because the letter of appointment
did not refer to the Code, the Court cannot infer that the BCG's
understanding of. the relationship was only tax motivated as a
IRCCourt RulingsMar 25, 1996
…tions
for taxes and charitable contributions. He also claimed a
Schedule E loss in the amount of $4,795 relating to a purported
rental property.
Petitioner testified that he bought an apartment house in
Brooklyn, New York, in July 1991. Respondent agreed that
- 3 -
petitioner owned this building. Petitioner described t…
IRCCourt RulingsDec 11, 2003related by meaning
oner
, supra
at 780.
11
See id.
at 773.
12
See Eckel v. Commissioner
, T.C. Memo. 1990-174.
13
See, e.g., In re Hatton
, 220 F.3d 1057, 1060 (9th Cir. 2000); In re Hindenlang
, 164 F.3d 1029, 1033 (6th Cir. 1999).
section 6653(a),
3
section 6662,
4
section 6013,
5
section 6033,
6
section 6651(f),
7
section 6511,
8
sect…
IRCCourt RulingsJan 2, 2020
…5941-12)
Penalty
Year Deficiency sec. 6662(a)
2007 $213,621 $42,724
2008 13,244 2,649
2009 43,973 8,795
2010 56,612 11,322
Clark J. Gebman and Rebecca Gebman (Docket No. 13905-16)
Penalty
Year Deficiency sec. 6662(a)
2012 $20,340 $3,668
2013 34,375 6,475
2014 15,881 2,890
After concessions,2 the issues for decision are…
37 T.C. 7 — Barbourville Brick Co. v. Commissioner IRCCourt RulingsOct 9, 1961related by meaning
e distribution.
Although section 816 of the 1954 Code rather than section 115 of the 1939 Code is applicable here, the relevant language is identical. The dividend issue was raised expressly by respondent for the first time at the trial by the statement that “the amounts involved in this case are * * * a preferential o…
IRCCourt RulingsJul 10, 2017
…come tax liability for their taxable year 2004.
On March 27, 2008, petitioners made a payment of $9,795.98 to the IRS.
The IRS credited that payment towards petitioners' outstanding Federal income
tax liability for their taxable year 2004.
Petitioners jointly filed Form 1040, U.S. Individual Income Tax Return, for