36 T.C. 491 — Hiawatha Home Builders, Inc. v. Commissioner IRCCourt RulingsJun 9, 1961related by meaning
ter refer only to section 1551, the provisions of which are as follows :
SEC. 1551. ¡DISALLOWANCE OF SURTAX EXEMPTION AND ACCUMULATED EARNINGS CREDIT. If any corporation transfers, on or after January 1, 1951, all or part of its property (other than money) to another corporation which was created for the purpose of acq…
IRCCourt RulingsDec 8, 2010related by meaning
iency on November 24,
2008. Pursuant to section 6503(a) (1), the mailing of the notice
of deficiency tolled the limitations period until 60 days after our final decision. Petitioners are required to retain records
- 8 -
"so long as the contents thereof may become material in the
administration of any internal revenue l…
IRCCourt RulingsJul 6, 2022related by meaning
s
are to the Tax Court Rules of Practice and Procedure.
Served 07/06/22
2
[* 2 ] under section 4973, plus associated additions to tax and penalties.
2 Currently before the Court is petitioner’s Motion for Summary Jud gment under Rule 121. Petitioner contends that the IRS “is precluded as
a matter of law from asserting …
IRCCourt RulingsJul 29, 1997related by meaning
rences are
to the Internal Revenue Code in effect for the year in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure. The issues for decision are (1) whether a pension plan
distribution to petitioner is taxable pursuant to section
402(a)(1) and whether petitioner is liable for a 10-perc…
IRCCourt RulingsJul 11, 2012related by meaning
ditional tax provided by section 72(t)), penalties, and statutory
interest.. See Katz v. Commissioner, 115 T.C. 329, 338-339 (2000). The record
. 12 - does not establish that petitioners received a.notice of deficiency for 2007 and
consequently a challenge to petitioners' 2007 tax liability is allowed in thi
judicial p…
IRCCourt RulingsJul 2, 2003related by meaning
under the language of
section 414(p), petitioner claims that the facts in this case
indicate compliance with the QDRO provisions within the spirit of the law. Where the requirements of a statute relate to the
substance or essence of the statute, they must be rigidly
observed. Taylor v. Commissioner
, 67 T.C. 1071, 107…
ERISACourt RulingsSep 27, 1993
… with the Secretary of
Labor3 . The form
and contents of the annual report are set forth in ERISA §
103, 29 U.S.C. § 1023; paragraph (a)(3) specifies the
requirements for an annual audit of an employee benefit plan and
the report or opinion thereon to be performed by an independent
qualified public accountant ("IQPA"),…
IRCCourt RulingsSep 25, 2019related by meaning
w that there is a
genuine dispute for trial that he had reasonable cause for not paying the unpaid tax
on the 2013 return made for him by RA Landadio. C. Summary Judgment
Rule 121(b) provides that, in the absence of a genuine dispute as to any
material fact, and if a decision may be rendered as a matter of law, we must…
IRCCourt RulingsFeb 25, 1959related by meaning
ration from the service” within the meaning of this Code provision even though the employees in fact continued in their same jobs with the new owners. In Mary Miller, 22 T.C. 293, affd. 226 F. 2d 618, the May Company acquired all the assets of the Strouss-Hirshberg Company in exchange for May Company stock. Three days …
IRCCourt RulingsMar 5, 2018related by meaning
of petitioners'
transactions.
3¹Purchase and entrance into all contracts were each conditioned on the
other, and so we treat this as one step.
- 37 - As illustrated above, it is true that sections 921-927 allowed a limited safe
harbor from section 482 for the second part of petitioners' transactions--the
commission pa…
IRCCourt RulingsApr 14, 2005related by meaning
. S. Rept. 93-383, at 134
(1974), 1974-3 C.B. (Supp.) 80, 213. Petitioner is therefore
subject to the 10-percent additional tax under section 72(t) on the entire amount of the IRA distribution.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
for respondent
.
50 T.C. 771 — New England Tank Industries, Inc. v. Commissioner IRCCourt RulingsAug 26, 1968related by meaning
f this title, section 529 of title 81, or section 259 or 267 of title 40, and before approval of title to the underlying land by the Attorney General. There seem to be discrepancies in the figures stipulated by the parties, used by petitioner in reporting income on its tax returns, and employed by the parties on brief.…
Notice 2020-86 — Guidance on Sections 102 and 103 of the SECURE Act With Respect to Safe Harbor Plans IRCNoticesModified Dec 28, 2020
…(C) (traditional) or 401(k)(13)(D)(i)(II) (QACA) will apply for the plan year, in accordance with § 103(b) or (c) of the SECURE Act? A-13. In general, the plan amendment timing provisions of § 601 of the SECURE Act, as described in Q&A G-1 of Notice 2020-68, apply to a plan amendment adopted under § 103(b) or (c) of th…
145 T.C. No. 1 — John A. Tomassetti & Cathy C. Tomassetti v. Commissioner IRCCourt RulingsJul 13, 2015related by meaning
an were part
of a split-dollar life insurance arrangement. We hold they were;
3Former secs. 6241-6245 generally required that the shareholders of an S corporation challenge the Commissioner's adjustments to an S corporation's
income in a single, corporate-level proceeding. However, the Small Business Job
Protection Act…
IRCRegulationsJan 19, 2024
…nterest rate and applicable mortality table under section 417(e)(3), to a straight life annuity of $441.33 per month payable at normal retirement age. Therefore, under the amendment, the portion of Participant R's accrued benefit that is not paid in the form of that temporary annuity must be no less than $1,558.67 per …
IRCCourt RulingsJul 29, 2003related by meaning
eminded petitioner about
section 6673(a)(1) and indicated that, in the event petitioner
continued to make statements, contentions, and arguments as to why his net profit for each of the years at issue from his
washing machine repair business and his pension income for 1997
are not subject to tax that the Court finds to…
IRCCourt RulingsMar 6, 2001
ciency, id.
, petitioner
cites Chrysler Corp. v. Brown
, 441 U.S. 281 (1979), for the
proposition that respondent’s reopening procedures in Rev. Proc. 94-68, 1994-2 C.B. 803, should have “the force and effect of
law”.
Chrysler Corp. v. Brown
, 441 U.S. at 302 (quoting Morton v.
Ruiz
, 415 U.S. 199, 232, 235, 236 (1974)…
IRCCourt RulingsMar 31, 1961related by meaning
ntract” as meaning the entire contract, especially since Congress, when it wished to delineate the annuity feature of the contract, did so explicitly. Although admitting that the interpretation proposed by petitioner is not without merit, we hold that section 72(d) applies only when the entire consideration furnished b…
89 FR 3552 — Update to Minimum Present Value Requirements for Defined Benefit Plan Distributions IRCFinal Rules (FR)Jan 19, 2024
…nterest rate and applicable mortality table under section 417(e)(3), to a straight life annuity of $441.33 per month payable at normal retirement age. Therefore, under the amendment, the portion of Participant R's accrued benefit that is not paid in the form of that temporary annuity must be no less than $1,558.67 per …
64 T.C. 1011 — Catawba Industrial Rubber Co. v. Commissioner IRCCourt RulingsSep 9, 1975related by meaning
rough with the plan, it could doubtless have met and resolved to abandon it, without subjecting petitioner to liability to anyone. [19 T.C. at 26-27.] See also Precision Industries, Inc., 64 T.C. 901 (1975), recently decided by this Court.
Decision will be entered for the respondent
All section references are to the In…