IRCCourt RulingsApr 14, 2005
…he result to be
- 19 -
obtained. Matthews v. Commissioner
, 92 T.C. 351, 361 (1989),
affd. 907 F.2d 1173 (D.C. Cir. 1990).
To retain the requisite control over the details of an
individual’s work, the principal need not stand over the
individual and direct every move made by the individual; it is
sufficient if he has t…
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 RulingsSep 23, 2014
… that "[c]ourts are not authorized to rewrite a
- 22 -
statute because they might deem its effects susceptible of improvement"), a_ffg
693 F.2d 298 (3d Cir. 1982).
We have acknowledged this point, as well. See Belk v. Commissioner, 140
T.C. 1, 10 (2013) ("When the plain language of the statute is clear and
unambiguous,…
IRCCourt RulingsMar 5, 2018related by meaning
ondent learned of those transactions during respondent's
examination[.]").
Because petitioners did not file Forms 5329, the periods of limitations for excise tax under sec. 4973 never began to run. See Paschall v. Commissioner, 137
T.C. 8, 15-17 (2011). Therefore the excise taxes respondent seeks to assess
against peti…
IRCCourt RulingsSep 29, 2022
… frivolous”);
Grimes v. Commissioner, 82 T.C. 235, 237 (1984); Reiff v. Commissioner,
77 T.C. 1169, 1173 n.7 (1981).
Petitioner advances several arguments as to why the income he
stipulated receiving is nontaxable. For one, he cites a May 6 , 2019,
Social Security Administration (SSA) statement pertaining to his 2013
t…
IRCRegulationsDec 30, 2016related by meaning
(c) (c) Method of election. A person shall make the election referred to in this section by filing the form issued for such purpose by the Internal Revenue Service, including therein the information required by such form and the instructions issued with respect thereto, and by paying the tax which the taxpayer indicate…
84 FR 26605 — Exception for Interests Held by Foreign Pension Funds IRCProposed Rules (FR)Proposed Jun 7, 2019related by meaning
ns 1461 through 1463, to have been required to withhold such tax.
(ii) [Reserved]
(2) * * *
(i) * * *
(C) (
1)
Is signed under penalties of perjury.
( 2) In general, a foreign person is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign estate, except that a qualified ho…
IRCCourt RulingsMar 23, 2009
…and the taxpayers must bring themselves
within the clear scope of the exclusions), affd . 907 F .2d 1173
- 9 -
(D .C . Cir . 1990) . And we have rejected a taxpayer's claim for
the exception under section 72(t)(2) where the taxpayer failed to
provide the substantiating evidence . See Nolan v . Commissioner ,
T .C . Mem…
IRCCourt RulingsSep 15, 2005related by meaning
tinued...)
- 5 -
of the Secretary, and in the same manner as taxes. Sec.
6652(c) (4) (A).
Section 6331(a) provides that, if a person liable to pay any tax neglects or refuses to do so within 10 days after notice and
demand, the Secretary can collect the tax by levy upon the
property belonging to the person, subject to …
IRCCourt RulingsJan 9, 2020
…quent plan years. See, e.g., Martin Fireproofing Profit Sharing
Plan & Tr. v. Commissioner, 92 T.C. 1173, 1184 (1989). We sustain respondent's
determination that the ESOP and the ESOT were disqualified for the 2007 plan
year and for all plan years thereafter. We have considered all arguments made by
petitioner for hold…
T.C. Memo. 2016-10 — Family Chiropractic Sports Injury & Rehab Clinic, Inc. v. Commissioner IRCCourt RulingsJan 19, 2016
…ion 401(a)
requirements, see Martin Fireproofing Profit-Sharing Plan & Tr. v. Commissioner,
92 T.C. 1173 (1989), and (2) a plan fails to follow the terms of the plan document,
see Michael C. Hollen, D.D.S., P.C. v. Commissioner, T.C. Memo. 2011-2. A
plan that does not follow the terms of the plan document is not a "def…
IRCCode / StatuteJan 12, 2018related by meaning
(e)(12) (12) Failure to provide correct TIN If— no election under subsection (a)(2) or (b)(2) shall be treated as in effect and subsection (a)(4) shall not apply to such payee.
(e)(12)(A) (A) a payee fails to furnish his TIN to the payor in the manner required by the Secretary, or
(e)(12)(B) (B) the Secretary notifies …
80 FR 57709 — Reliance Standards for Making Good Faith Determinations IRCFinal Rules (FR)Sep 25, 2015related by meaning
llection of information must be retained as long as their contents might become material in the administration of any internal revenue law.
Background This document contains amendments to 26 CFR part 53 under chapter 42, subtitle D of the Internal Revenue Code (Code). To avoid certain excise taxes under chapter 42, a p…
IRCCourt RulingsMay 24, 2000
…Van Roekel’s account. See Martin
Fireproofing Profit Sharing Plan & Trust v. Commissioner
, 92 T.C.
1173 (1989). Accordingly, we hold that the plan is disqualified
for fiscal years beginning after July 31, 1993. Therefore, the
trust is not tax exempt under section 501(a).
Decision will be entered
for respondent
.
Rev. Proc. 2025-3 — The revenue procedure updates Rev. Proc. 2024-3, 2024-1 I.R.B.143, to provide a revised list of areas under the jurisdiction of the Associate Chief Counsel (Co… IRCRevenue ProceduresDec 30, 2024related by meaning
—Shared Responsibility for Employers Regarding Health Coverage.—Whether an employer is required to make an assessable payment under § 4980H(a) or (b). (136) Section 6050P.—Returns Relating to the Cancellation of Indebtedness by Certain Entities.—Requests for a ruling that the creditor is not required to report a discha…
IRCCourt RulingsNov 23, 2015
….C. Memo. 2015-195; see also Martin Fireproofing Profit-Sharing Plan & Tr. v.
Commissioner, 92 T.C. 1173, 1184-1189 (1989).
We review the Commissioner's determination for abuse of discretion.
Buzzetta Constr. Corp. v. Commissioner, 92 T.C. 641, 648 (1989). Accordingly,
we will not disturb the Commissioner's determinati…
81 FR 19086 — Amendments to the Definition of Broker or Dealer in Securities IRCProposed Rules (FR)Proposed Apr 4, 2016related by meaning
regulations at 31 CFR Chapter X.
See 31 CFR 1010.100(e).
Back to Citation
2.
31 U.S.C. 5311.
Back to Citation
3.
31 U.S.C. 5318.
Back to Citation
4. Treasury Order 180-01 (Jul. 1, 2014).
Back to Citation
5.
31 U.S.C. 5318(g) was added to the BSA by section 1517 of the Annunzio-Wylie Act; it was expanded by section …
IRCCourt RulingsJul 5, 2011
…n from Form 1040. See -also Martin Fireproofing ProfitSharing Plan & Trust v. Commissioner, 92 T.C. 1173, 1192 (1989)
(concluding that the same reqdirements apply in deciding both
whether a return is sufficient for statute of limitations
purposes and whether a return is considered filed for section
6651(a) (1) purposes…
IRCCode / StatuteJan 5, 2023related by meaning
(d)(2)(B)(ii)(I) (I) the relevant facts affecting the item's tax treatment are adequately disclosed in the return or in a statement attached to the return, and
(d)(2)(B)(ii)(II) (II) there is a reasonable basis for the tax treatment of such item by the taxpayer.
(d)(2)(C) (C) Reduction not to apply to tax shelters
(d)(…
U.S. Tax Court — Val Lanes Recreation Center Corporation v. Commissioner IRCCourt RulingsJun 26, 2018
…failure in future years. See Martin Fireproofing Profit-Sharing
Plan & Tr. v. Commissioner, 92 T.C. 1173, 1184-1189 (1989). Because the Court
does not find that the stock value exceeded the contribution limit, the Court finds
respondent's argument regarding the effect on subsequent plan years to fail in this
case. The …