IRCCourt RulingsJul 13, 1995related by meaning
OPINION
Wright, Judge:
Respondent determined a deficiency in petitioner’s Federal income tax for taxable year 1990 in the amount of $239,463.
After concessions by the parties, the issues for our consideration are as follows:
(1) Whether dividends paid to an employee stock ownership plan, deductible under section 404(k)…
IRCCourt RulingsOct 28, 1965related by meaning
ifying 16 T.C. 882 (1951), certiorari denied 344 U.S. 874, with Brainard Steel Corporation v. United States, 137 Ct. Cl. 114, 146 F. Supp. 461 (1956). Petitioner argues in the alternative that if Credit, Inc., is denied the deduction in its final taxable period he should be allowed a deduction for (a) amounts actually …
IRCCourt RulingsNov 30, 1981related by meaning
5.
Unless indicated otherwise, all section references are to sections of the Internal Revenue Code of 1954 as in effect for the taxable year in issue. Since respondent asserts that no return was filed by petitioners, respondent asserts a deficiency in the full amount of the asserted income tax liability (sec. 6211) and…
IRCCourt RulingsAug 30, 2006
… would be includable in petitioners’
gross income, on the record before us, under either sec. 72 or
105(a), it is not necessary for us to decide whether the ERS
would be treated as accident or health insurance, and we limit
our decision to a conclusion that, assuming arguendo that the
benefits received by petitioner fr…
79 FR 26838 — Tax Treatment of Qualified Retirement Plan Payment of Accident or Health Insurance Premiums IRCFinal Rules (FR)May 12, 2014
…s with respect to the taxpayer's past and current treatment of amounts received under section 72 or 105, and the taxpayer's computation, or recomputation, of the taxpayer's investment in his or her annuity contract. This form may be required to be filed with the taxpayer's returns for years in which the amounts are exc…
68 T.C. 881 — Forsyth Emergency Services, P.A. v. Commissioner IRCCourt RulingsSep 12, 1977related by meaning
r, 68 T.C. 826 (1977).
In view of concessions made by the parties and our conclusions on the disputed issues,
Decision will be entered under Rule 155. All statutory references are to the Internal Revenue Code of 1954, as amended, unless otherwise indicated.
Variances between this schedule and Form 4848 reflect persons …
89 FR 32122 — Retirement Security Rule: Definition of an Investment Advice Fiduciary ERISAFinal Rules (FR)Apr 25, 2024
…viser
Non-bank trustee
Total
$2,057,340
$8,766,344
$9,124,980
$77,978
$11,047
$34,247
Per-Entity
$1,105
$1,105
$1,105
$1,105
$1,105
$1,105
Disclosure:
Total
$101,864
$846,560
$881,193
$6,509
$8,143
$4,820
Per-Entity
$55
$107
$107
$92
$814
$155
Rollover Documentation:
Total
$878,139
$18,493,989
$19,250,589
$2,048
$460,3…
IRCCourt RulingsOct 9, 1990related by meaning
found to constitute interest within the meaning of section 163, section 404(a)(5) and (d) still controls when these amounts may be properly deducted. Petitioner concedes that if the amounts in issue represent compensation for personal services, section 404(a)(5) and (d) controls, and the amounts in question are deduct…
IRCCourt RulingsJan 13, 1999related by meaning
T.C. Memo. 1999-4
UNITED STATES TAX COURT
THOMAS MARK PEASLEE, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 8582-97. Filed January 13, 1999.
Thomas Mark Peaslee, pro se.
James A. Whitten
, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
GOLDBERG, Special Trial Judge
: This case was hea…
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…
IRCCourt RulingsMar 12, 1979
…es not apply to any amount received as an accident or health benefit, within the meaning of section 105(a), and that the tax treatment of any such amount shall be determined under sections 104 and 105. Section 105(a) prescribes the general rule that amounts received by an employee through health or accident insurance f…
IRCCourt RulingsApr 26, 2012related by meaning
ed in section 274(d). Sanford v. Commissioner, 50 T.C. 823, 827 (1968),
aff'd per curiam, 412 F.2d 201 (2d Cir. 1969); Rodriguez v. Commissioner, T.C. Memo. 2009-22 (the strict substantiation requirements of section 274(d) preclude
the Court and taxpayers from approximating certain expenses).
r
- 12 -
Petitioners' tabl…
T.C. Memo. 2005-5 — Thomas G. Wright and Estate of Rosemary K. Wright, Deceased; Thomas G. Wright, Personal Representative v. Commissioner IRCCourt RulingsJan 13, 2005related by meaning
taxpayer
for expenses incurred by him for the medical care * * *
of the taxpayer * * *
section 105 may be encapsulated in a qualified retirement plan. See, e.g., Berman v. Commissioner
, 925 F.2d 936, 938-939 (6th
Cir. 1991), affg. T.C. Memo. 1989-654; Caplin v. United States
,
718 F.2d 544, 548-549 (2d Cir. 1983); Woo…
REG-148393-06 — Proposed regulations under section 402 of the Code clarify that a payment from a qualified plan for an accident or health insurance premium generally constitut… IRCProposed Rules (FR)Proposed Sep 24, 2007
…s with respect to the taxpayer’s past and current treatment of amounts received under section 72 or 105, and the taxpayer’s computation, or recomputation, of the taxpayer’s investment in his or her annuity contract. This form may be required to be filed with the taxpayer’s returns for years in which such amounts are ex…
73 T.C. 758 — Tionesta Sand & Gravel, Inc. v. Commissioner IRCCourt RulingsJan 31, 1980related by meaning
is v. Commissioner, 63 T.C. 11, 17 (1974) (compliance with requirements set forth in section 401(a)(6) rather than good faith intentions controlling). Closely related to this second argument is petitioner’s criticism of what it terms respondent’s “mindless devotion to hypertechnicality” or “monstrous pursuit of the pic…
IRCCourt RulingsJan 28, 2014related by meaning
her authority that would distinguish the Martin cases from the issue
presented before the Court. Accordingly, petitioners have not met their burden of proving that the weight of the authorities supporting the treatment of the IRA
- 25 -
[*25] distributions is substantial in relation to the weight of the authorities
sup…
IRCCourt RulingsJan 23, 2001
…685, 796, 826,
amending sec. 301(b) and (c); Taxpayer Relief Act of 1997 (TRA
‘97), Pub. L. 105-34, 111 Stat. 788, 825.
Finally, petitioners appear to argue that the foregoing
amendment was merely declaratory of existing law. However, any
such contention is clearly belied by the effective date
provisions of TRA ‘97, se…
IRCCourt RulingsJun 26, 2017related by meaning
e requirements of the QDRO provisions must be "rigidly observed"
because they "relate to the substance or essence of the statute"). We have con-
- 8 - [*8] siderable sympathy for petitioner's position: In effect, his willingness to help
minimize stress on his soon-to-be ex-wife disabled him from satisfying the
statutor…
131 T.C. No. 4 — Ralston Purina Company and Subsidiaries v. Commissioner IRCCourt RulingsSep 10, 2008related by meaning
are petitioner's and
respondent's cross-motions for summary ·judgment pursuant to Rule
121.
Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure, and all section
references are to the Internal Revenue Code in effect for the
years in 1ssue.
Rule 121(a) provides that either…
IRCCourt RulingsJun 13, 2017related by meaning
JRN
T.C. Memo. 2017-112
UNITED STATES TAX COURT
WHISTLEBLOWER 19860-15W, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 19860-15W. Filed June 13, 2017.
Sealed,¹ for petitioner.
Ashley M. Bender and Richard L. Hatfield, for respondent.
MEMORANDUM OPINION
KERRIGAN, Judge: This case is before the Co…