IRCCourt RulingsJan 13, 1999related by meaning
tions. Sec. 72(t)(3)(A).
or after the death of the employee; (3) attributable to the
employee's being disabled within the meaning of section 72(m)(7); (4) part of a series of substantially equal periodic payments
(not less frequently than annually) made for the life (or life
expectancy) of the employee or joint lives (…
IRCCourt RulingsAug 8, 1996related by meaning
to the Internal Revenue
Code by section 302 of the Taxpayer Bill of Rights 2, Pub. L.
104-168, authorizes this Court to review the Secretary's failure to abate interest with respect to requests for abatement after
July 30, 1996. Because this case does not involve a request for
abatement after July 30, 1996, we lack jur…
IRCProposed Rules (FR)Proposed May 13, 2026
…her for-profits.
Estimated Number of Respondents:
490,266.
Estimated Number of Annual Responses:
17,868,973.
Frequency of Response:
Annual.
Estimated Total Annual Burden Hours:
541 (270 for Treasury and 270 for DOL).
Estimated Total Annual Burden Cost:
$893,408 ($446,704 for Treasury and $446,704 for DOL).
2. Paperwork…
IRCCourt RulingsSep 24, 2007related by meaning
him . On May 24, 2002,
SBC Communications, Inc ., issued a check to petitioner in the
amount of $131,317 .46 . The gross amount of the check had been $168,355 .71 . However, $33,671 .14 in Federal income tax and
$3,367 .11 in California State income tax had been withheld .
During 2002, petitioner also received $9,552 …
ERISACourt RulingsAug 25, 1995
…ble relief. ERISA §
502(a)(2) and (5), 29 U.S.C. § 1132(a)(2) and (5).
See Nieto v. Ecker, 845 F.2d 868, 873-874 (9th Cir.
1988).
In addition, ERISA §§ 502(i) and 2003, 29 U.S.C.
§ 1132(i) and 26 U.S.C. § 4975, impose a civil penalty
or, alternatively, an excise tax on a party-in-interest that
engages in a prohibited t…
IRCCourt RulingsMar 10, 2020related by meaning
sis test.
FIe] , further, as applied to P, I.R.C. sec. 72(t) is valid because
the age and disability classifications established by the statute bear a reasonable relationship to a legitimate Government purpose.
Sandra M. Conard, pro se.
Scott W. Forbord and Mark J. Miller, for respondent.
OPINION
TORO, Judge: A taxpaye…
IRCCourt RulingsJul 24, 1991related by meaning
Yolanda) was the distributee (within the meaning of section 402(a)(1)) of the entire distribution here in dispute.
II. Taxability of the Distribution Preliminarily, we note that the apparent effect of petitioner’s contention that section 72 authorizes him to exclude $75,000 from income — if we were to agree with it — …
IRCCourt RulingsJan 14, 2013
…- 40 -
[*40] (1964) and T.C. Memo. 1964-299), aff'd, 904 F.2d 1011 (5th Cir. 1990),
aff'd, 501 U.S. 868 (1991).
There is an exception to the section 6662(a) penalty when a taxpayer can
demonstrate (1) reasonable cause for the underpayment and (2) that the taxpayer
acted in good faith with respect to the underpayment. S…
120 T.C. No. 5 — Wells Fargo & Company, f.k.a. Norwest Corporation and Subsidiaries v. Commissioner IRCCourt RulingsFeb 13, 2003
…iciency
Sec. 6662(a)
1990 $52,073,344 $5,161,509
1991 216,338,093 23,353,180
1992 417,310,889 1,047,868
1993 86,406,356 5,655,276
1994 62,493,719 5,135,972
Numerous issues have been raised as a consequence of respondent’s
determinations; many of these issues heretofore have been resolved.
The issue to be decided herein…
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 …
IRCCourt RulingsJul 31, 2000
…
of his joint 1993 and 1994 Federal individual income tax returns:
1993
1994
Gross income $875,477 $868,275
Wages 130,944 124,939
Pension, profit-sharing, plans 16,920 17,396
Employee benefit programs 100,000 120,000
Net profit 406,863 381,122
Dr. Lo and his wife, Cecilia (Ms. Lo) (collectively, the Los),
resided in Ne…
110 T.C. No. 22 — Calvert Anesthesia Associates-Pricha Phattiyakul, M.D. P.A. v. Commissioner IRCCourt RulingsApr 27, 1998related by meaning
acted section
7476 to establish a declaratory judgment procedure under which an
- 6 -
employer could challenge respondent's determination with respect to the qualification of its employee benefit plan. H. Rept.
93-807, supra
at 107, 1974-3 C.B. at 342. Section 7476 provides:
SEC. 7476. DECLARATORY JUDGMENTS
RELATING TO…
IRCCourt RulingsMay 23, 2011
…. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011
- 28 -
(5th Cir. 1990), affd. 501 U.S. 868 (1991). However, a taxpayer
is not relieved from liability for the addition to tax for
negligence merely by shifting the responsibility to a tax
professional. Enoch v. Commissioner, 57 T.C. 781, 802 (1972).
Reliance …
IRCCourt RulingsDec 11, 2003related by meaning
ining whether petitioner satisfies the return-filed safe
harbor of section 6654(d)(1)(B)(i).
Because petitioner made no estimated tax payments for the audit year, he necessarily failed the alternative safe harbor of
section 6654(d)(1)(B)(i) to make estimated tax payments equal to
“90 percent of the tax” (i.e., his ulti…
IRCCourt RulingsMar 20, 1997
…ce, it is
only one of several considerations. Rose v. Commissioner
, 88
T.C. 386, 410 (1987), affd. 868 F.2d 851 (6th Cir. 1989).
The U.S. Court of Appeals for the Ninth Circuit, the circuit
in which this case is appealable, Golsen v. Commissioner
, 54 T.C.
742 (1970), affd. 445 F.2d 985 (10th Cir. 1971), determines
wh…
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…
IRCCourt RulingsAug 3, 1979related by meaning
Chabot, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax and in excise tax under section 4973(a) for 1975, as follows:
Deficiencies in—
Docket No. Petitioners Income tax gi
6173-77 John L. Guest .$437.60
9115-77 James Ventresca and Jordy L. Ventresca . 296.00
Jerome Kobos . 286.18
Edward And…
IRCCourt RulingsJan 2, 2020related by meaning
relevant times, and all Rule references are to
the Tax Court Rules of Practice and Procedure. All monetary amounts are
rounded to the nearest dollar. 2Petitioners conceded that they were not entitled to exclude from gross
income rental income of $4,920 they received in 2007.
- 3 -
[*3] to deduct a net operating loss (…
IRCCourt RulingsOct 1, 2015
…me. See Patient Protection and Affordable Care Act, Pub. L.
No. 111-148, sec. 9013(a), 124 Stat. at 868.
-7under section 72(t)(2)(B)--even assuming that she used the funds in question to
pay her son's medical expenses.
Petitioner's alleged reliance on the mistaken advice of her accountant does
IRCCourt RulingsJul 5, 1983related by meaning
so determined that petitioners were liable for an addition to tax under sec. 6651(a) in the amount of $28.76. Respondent conceded that issue on brief. The procedures set forth in sec. 7463 apply to cases involving taxes imposed by subtitle A and Chs. 11 and 12 of the Code, subject to monetary limits. As to petitions fi…