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41. T.C. Memo. 2017-69 — Larry E. Austin & Belinda Austin v. Commissioner
    IRCCourt RulingsApr 24, 2017
    …QinetiQ U.S. Holdings, Inc. & Subs. v. Commissioner, T.C. Memo. 2015-123, 110 T.C.M. (CCH) 17, afD, 845 F.3d 555 (4th Cir. 2017). We there held, and the Court of Appeals agreed, that stock
42. T.C. Memo. 1998-295 — Shedco, Inc. v. Commissioner
    IRCCourt RulingsAug 12, 1998
    …al or continuing qualification of a retirement plan. Sec. 7476(a); Loftus v. Commissioner , 90 T.C. 845, 855 (1988), affd. without published opinion 872 F.2d 1021 (2d Cir. 1989). Petitioner contends that the plan did not violate the exclusive benefit rule and therefore should remain qualified. Respondent contends that …
43. 45 T.C. 133 — Jacobs v. Commissioner
    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 …
44. U.S. Tax Court — Andrea C. Casula v. Commissioner
    IRCCourt RulingsMay 5, 2008related by meaning
    T .C . Summary Opinion 2808-4 9 UNITED STATES TAX COUR T ANDREA C . CASULA, Petiti COMMISSIONER OF INTERNAL REVENI ner v . E, Responden t Docket No . 3385-05S . Filed May 5, 2008 . Paul Kalinich (specially recognized)', for petitioner . Mayer Silber , for respondent . RECORDE D S .T . JUDG E GOLDBERG, Special Trial Jud…
45. 95 T.C. 289; 95 T.C. No. 22 — Estate of Levitt v. Commissioner
    IRCCourt RulingsSep 13, 1990related by meaning
    as to utilize the estate tax unified credit to its fullest extent. Kenneth G. Coveney, for the petitioner. William H. Quealy, Jr., for the respondent. Nims, Chief Judge. Korner, Hamblen, Cohen, Clapp, Swift, Wright, Parr, and Colvin, JJ., agree with the majority. Chabot, J., concurring *88 in the result. Hamblen and Wh…
46. T.C. Memo. 1999-369 — Westchester Plastic Surgical Associates, P.C. v. Commissioner
    IRCCourt RulingsNov 5, 1999
    …r continuing qualification of a retirement plan. See sec. 7476(a); Loftus v. Commissioner , 90 T.C. 845, 855 (1988), affd. without published opinion 872 F.2d 1021 (2d Cir. 1989). - 12 - 9 Respondent seems to think that the Defined Benefit Plan and the Money Purchase Plan are one plan, as it appears respondent has combi…
47. T.C. Memo. 2001-146 — Michael T. Chappell v. Commissioner
    IRCCourt RulingsJun 20, 2001
    …rmined that petitioner had unreported gross receipts for 1995 of $36,714, but now concedes that $23,845.64 is nontaxable or was reported in income by petitioner in that year: $3,759.27 (taxable distribution from retirement money market account included in taxable distribution reported by petitioner); $15,297 (Aug. 3, 1…
48. 121 T.C. No. 19 — Fortunato J. Mendes v. Commissioner
    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…
49. 71 T.C. 1011 — Orthopedics International, Ltd., P.S. v. Commissioner
    IRCCourt RulingsMar 19, 1979related by meaning
    section 404(a)(7) and section 1.404(a)-13, Income Tax Regs., is reasonable and wé refuse to hold it invalid. Decision will be entered under Rule 155. Petitioner has also agreed to an adjustment to its taxable income made by respondent for forfeitures not properly offset by petitioner against its allowable pension plan…
50. T.C. Summary Opinion 2014-50 — Joel G. Nganga v. Commissioner
    IRCCourt RulingsJun 4, 2014
    … on his 2011 return as follows: Wages $95,443 · Less: Business loss-73,598 Adjusted gross income 21,845 Less: Standard deduction-5,800 Less: Personal exemption-3,700 Taxable income 12,345 On the basis of the foregoing, petitioner reported tax of $1,424. - 7 - Notice of Deficiency In due course respondent issued a notic…
51. T.C. Memo. 2005-258 — Joyce M. Thomas v. Commissioner
    IRCCourt RulingsNov 1, 2005related by meaning
    bilateral tendinitis, carpal tunnel syndrome, and depression at the time the estimated payments were required to be made. However, during this period, petitioner was employed by Cypress and was running her own startup network marketing business. We find that petitioner was not disabled for purposes of section 6654. The…
52. T.C. Memo. 2023-95 — Reynold Harvey v. Commissioner
    IRCCourt RulingsJul 25, 2023
    …(10th Cir. 2008); Gardner v. Commissioner, T.C. Memo. 2013-67, 105 T.C.M. (CCH) 1433, 1439, aff’d , 845 F.3d 971 (9th Cir. 2017) . An SFR prepared by the IRS pursuant to section 6020(b) is treated as the “return” filed by the taxpayer for this purpose. See § 6651(g).
53. T.C. Memo. 1998-336 — Robert A. & Laverne M. Hall v. Commissioner
    IRCCourt RulingsSep 22, 1998related by meaning
    ights-related activity. And since none of petitioner's compensation for the year was includable in gross income, all of petitioner's IRA contributions for the year are nondeductible. Secs. 219(b), 408(o). Contributions are deemed to have been made to an IRA on the last day of the preceding taxable year if the contribut…
54. T.C. Memo. 2009-38 — Nancy Garza-Martinez v. Commissioner
    IRCCourt RulingsMar 23, 2009
    …l Rule references are to the Tax Court Rules of Practice and Procedure . Respondent determined a $1,845 deficiency in petitioner' s Federal income tax for 2004 . The deficiency arises from the imposition of the 10-percent additional tax mandated by section 72(t)(1) on early distributions from a qualified retirement pla…
55. T.C. Memo. 2015-128 — James Boneparte, Jr. v. Commissioner
    IRCCourt RulingsJul 13, 2015related by meaning
    claimed medical transportation expenses and that he falls under the exception in section 72(t)(2)(B). As discussed supra Part II.A, petitioner is not entitled to deduct his claimed medical transportation expenses under section 213(a). Therefore, he does not fall under the exception in section 72(t)(2)(B) and he is lia…
56. 124 T.C. No. 10 — John Michael Dunkin v. Commissioner
    IRCCourt RulingsMar 31, 2005
    … wages or retirement benefits is not determinative here. See Taylor v. Campbell , 335 F.2d 841, 844-845 (5th Cir. 1964) (the source of an otherwise deductible payment will not affect its deductibility when proceeds from a property division in a divorce are used to pay alimony); Benedict v. Commissioner , 82 T.C. 573, 5…
57. 144 T.C. No. 9 — Ralim S. El v. Commissioner
    IRCCourt RulingsMar 12, 2015related by meaning
    ualified retirement plan within the meaning of sec. 4974(c). In the light of our holding that the "additional tax" under sec. 72(t) is not a "penalty, addition to tax, or additional amount" under sec. 7491(c), we deem this issue conceded. - 11 - received the deemed distribution or that any other exception in section 72…
58. T.C. Summary Opinion 2004-127 — Rowland Setyono v. Commissioner
    IRCCourt RulingsSep 13, 2004
    …, and this opinion should not be cited as authority. - 2 - Respondent determined deficiencies of $9,845 and $3,846 in petitioner's 1999 and 2000 Federal income taxes, respectively. The issues for decision are: (1) Whether petitioner is entitled to claim rental real estate losses in excess of those allowed by respondent…
59. T.C. Memo. 1997-250 — John E. & Concetta Lozon v. Commissioner
    IRCCourt RulingsJun 4, 1997related by meaning
    amount is erroneously treated as self-employment income, or if an amount is erroneously treated as wages, and (2) If the correction of the error would require an assessment of one such tax and the refund or credit of the other tax, and - 23 - (3) If at any time the correction of the error is authorized as to one such t…
60. T.C. Memo. 2003-294 — Randolph S. Simpson, I v. Commissioner
    IRCCourt RulingsOct 21, 2003
    …ed as spousal support (which is includable in gross income). Hoover v. Commissioner , 102 F.3d 842, 845 (6th Cir. 1996), affg. T.C. Memo. 1995-183; H. Rept. 98432 (Part II), at 1495 (1984) (“The committee bill attempts to define alimony in a way that would conform to general notions of what type of payments constitute …