IRCCourt RulingsMar 14, 2019related by meaning
mmissioner, 126 T.C. 237, 257-258 (2006), rev'd on other grounds, 514 F.3d
1119 (10th Cir. 2008); Hull v. Commissioner, T.C. Memo. 2015-86, 109 T.C.M. (CCH) 1438, 1441.
- 20 -
[*20] D. Frivolous Position Penalty
Section 6673(a)(1) authorizes this Court to impose a penalty not in excess
of $25,000 "[w]henever it appears…
ERISARegulationsJan 1, 2017related by meaning
(a) (a) Except as described in §§ 2570.85 and 2570.86 of this part, subsequent to the payment of the applicable recovery amount pursuant to either a settlement agreement or a court order, the Secretary shall serve on the person liable for making such payment a notice of assessment of civil penalty equal to 20 percent o…
ERISARegulationsJan 1, 2017related by meaning
(d) (d) Based solely on his or her discretion, the Secretary will determine whether to grant such a waiver or reduction. Pursuant to the procedure described in § 2570.83(b), the petitioner will be served with a written determination informing him or her of the Secretary's decision. Such written determination shall brie…
IRCCourt RulingsMay 14, 1974
…nt of expenses and interest following the close of a taxable year and is the predecessor of section 267 of the Internal Revenue Code of 1954.
Section 267, by its specific terms, applies to the disallowance of deductions for payments to related taxpayers; i.e., losses, interest, trade or business expenses deductible und…
131 T.C. No. 4 — Ralston Purina Company and Subsidiaries v. Commissioner IRCCourt RulingsSep 10, 2008related by meaning
ven such regulations is well
known. See, e.g., Chevron U.S.A., Inc. v. Natural Res. Def.
Council, Inc., 467 U.S. 837 (1984); Swallows Holdino, Ltd. v. Commissioner, 515 F.3d 162 (3d Cir. 2008), vacating 126 T.C. 96
(2006).
The delegation Congress made to the Secretary in section
404(k)(5) (A), however, is particularly …
IRCCourt RulingsMay 11, 2006
…itioner the above section 213(a) 7.5-percent
floor, petitioner herein is permitted -to except only $267 from
application of the section 72(t)(2)(B) 10-percent additional
tax.2 On brief, respondent already has allowed petitioner to
reduce the amount of her early annuity account distributions to
which the section 72(t) 1…
IRCCourt RulingsMay 28, 2003related by meaning
r the Northern District of
Illinois, in which petitioner pleaded guilty to one count of
obstructing and impeding the due administration of the Code in violation of section 7212(a).
3
- 6 -
3
(...continued)
corruptly or by force or threats of force (including
any threatening letter or communication) endeavors to
intimid…
IRCCourt RulingsJun 23, 2025related by meaning
Memo. 2002-18, 83 T.C.M. (CCH) 1107 , 1108– 10 (imposing penalty of
$2,000 under section 6673(a)), af f’ d , 54 F. App ’ x 254 (9th Cir. 2002) ; s ee G reat - West Life Assurance Co. v. United States , 678 F.2d 180, 183
( Ct. Cl. 1982) (“The determination of where income is derived or
‘sourced’ is generally of no mome…
IRCCourt RulingsSep 27, 1990related by meaning
. United States, 872 F.2d 564, 568-570 (3d Cir. 1989).
Respondent assumes but does not concede that section 4975(a) imposes a penalty tax. He asserts: the issue in this case would still be whether there is “any expressed or necessarily implied provision or language . . .” (Commissioner v. Acker, 361 U.S. 87, 91 (1959))…
88 FR 78134 — Income and Currency Gain or Loss With Respect to a Qualified Business Unit IRCProposed Rules (FR)Proposed Nov 14, 2023
… are owned, directly or indirectly, by persons related to each other within the meaning of sections 267(b) or 707(b). For this purpose, ownership of an interest in partnership capital or profits is determined in accordance with the rules for constructive ownership provided in section 267(c), other than section 267(c)(3…
Rev. Proc. 2014-5 — Revised procedures are provided for furnishing technical advice to area managers and appeals office by the Office of the Division Commissioner, Tax Exempt and … IRCRevenue ProceduresJan 2, 2014
payer (or of a related taxpayer within the meaning of §267 or an affiliated group of which the taxpayer is also a member within the meaning of §1504). (2) A case remains under the jurisdiction of EP or EO Examinations or EP or EO Determinations even though an appeals office has the identical issue under consideration i…
75 FR 8796 — Civil Penalties Under ERISA Section 502(c)(8) ERISAFinal Rules (FR)Feb 26, 2010related by meaning
ch sets forth additional circumstances in which the Service will automatically approve a request to revoke a section 204 election.
Back to Citation
4. An excise tax under Code section 4971(g)(4) generally applies, in addition to any penalty under ERISA section 502(c)(8), in the case of a failure to adopt a rehabilitat…
Rev. Proc. 2013-5 — Technical advice. Revised procedures are provided for furnishing technical advice to area managers and appeals office by the Office of the Division Commissione… IRCRevenue ProceduresJan 2, 2013
yer (or of a related taxpayer within the meaning of § 267 or an affiliated group of which the taxpayer is also a member within the meaning of § 1504). (2) A case remains under the jurisdiction of EP or EO Examinations or EP or EO Determinations even though an appeals office has the identical issue under consideration i…
IRCRegulationsMay 18, 2016
…cal reserve as of the last day of the 1995 plan year. The theoretical reserve as of that day is $17,267—the $14,744 theoretical reserve as of the last day of the 1994 plan year plus the $1,318 required contribution for the 1994 plan year, both increased by interest for one year at the rate of 7.5 percent. The resulting…
IRCCourt RulingsJan 3, 2011related by meaning
ce 2002-8 supra,-are
unrêasonable or incorrect. Furthermore, on a motion f r summary
judgm t thàt is prð];>erly'm de and supported, the o poeing party must 9et forth specific facts showing that there is a genuine
issue fo trial. Rule 121(d) . Petitioner does not allege thathe has any evidence that wo ld sat-isfy 'that …
IRCCourt RulingsJun 11, 1996
…ssue, and all Rule references are to the Tax Court Rules of
Practice and Procedure.
T.C. Memo. 1996-267
UNITED STATES TAX COURT
G. RICHARD AND SARA B. CHILDS, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 7442-94. Filed June 11, 1996.
G. Richard Childs and Sara B. Childs, pro sese.
Alan R. Per…
IRCCourt RulingsMay 19, 2011related by meaning
ion 6662(a) and (b) (2).
Generally, section 6662(a) and (b) (1) authorizes the
Commissioner to impose a 20-percent penalty on the portion of an
- 72 - underpayment of income tax attributable to negligence or
disregard of rules or regulations. The term "negligence"
includes any failure to make.a reasonable attempt to co…
IRCCourt RulingsMar 12, 2008
…00 254,510 21,361 275,87 1
4 275,871 25,000 250,871 21,070 271,94 1
5 271,941 25,000 246,941 20,755 267,69 6
6 267,696 25,000 242,696 20,416 263,11 2
7 263,112 25,000 238,112 20,049 258,16 1
8 258,161 25,000 233,161 19,653 252,81 4
9 252,814 25,000 227,814 19,225 247,03 9
10 247,039 25,000 222,039 18,763 240,80 2
11 24…
IRCCourt RulingsOct 8, 2003
…eir petition that respondent had
disallowed the disputed amounts “on grounds including IRC
Sections 267, 404 and 461", and respondent in answer admitted
this allegation. Respondent in brief has abandoned his reliance
upon sec. 267 to support his determination and relies solely upon
secs. 404(d) and 461.
The parties agr…
IRCCourt RulingsMay 22, 2003
…cts, etc., which reported a
gross distribution to petitioner of $32,628 and a taxable amount
of $31,267.
In the notice of deficiency, respondent determined that
petitioner had failed to include $15,551 ($31,266 taxable amount
less the $15,715 reported by petitioners) of taxable pension
annuity income on their 1998 retu…