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41. T.C. Memo. 1998-336 — Robert A. & Laverne M. Hall v. Commissioner
    IRCCourt RulingsSep 22, 1998
    …nce with their plain meaning. United States v. American Trucking Associations, Inc. , 310 U.S. 534, 543-544 (1940); Campbell v. Commissioner , supra at 62. We find that we must
42. 88 T.C. 548; 88 T.C. No. 28 — Porter v. Commissioner
    IRCCourt RulingsMar 5, 1987related by meaning
    amended and in effect during the years in issue. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure. Our references to secs. 371 and 372 of the Judicial Code are to those sections as in effect during 1980 and 1981. Sec. 372 of the Judicial Code was amended twice by acts…
43. 148 T.C. No. 22 — Steven M. Petersen & Pauline Petersen v. Commissioner
    IRCCourt RulingsJun 13, 2017
    …o would produce absurd or futile results. United States v. Am. Trucking Ass'ns, Inc., 310 U.S. 534, 543-544 (1940); see Tamarisk Country Club v. Commissioner, 84 T.C. 756, 761 (1985). If a statute is clear on its face, we require unequivocal evidence of legislative intent before construing the statute in a manner that …
44. 83 T.C. 154; 83 T.C. No. 10 — Tipton & Kalmbach, Inc. v. Commissioner
    IRCCourt RulingsJul 25, 1984related by meaning
    cated, and all Rule references are to the Tax Court Rules of Practice and Procedure. See Tipton & Kalmbach, Inc. v. Commissioner, T.C. Memo. 1982-260. We note, however, that Congress in enacting ERISA appears to have adopted the facts and circumstances test of sec. 1.401-6(b)(2), Income Tax Regs., for determining wheth…
45. T.C. Memo. 2020-48 — Henry C. Williams & Sonja L. Johnson v. Commissioner
    IRCCourt RulingsApr 16, 2020
    …ence to establish a rational basis for making the estimate. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). In estimating the
46. T.C. Memo. 2012-166 — Todd R. & Andrea Pedersen v. Commissioner
    IRCCourt RulingsJun 13, 2012
    …. 6662 McKays $1,249,848 $214,786 Pedersens 1,204,920 240,984 Nellesens 813,307 162,661 Jensens 239,543 47,909 Neffs 232,438 46,487 Loves 38,582 7,716 The primary issue for decision is whether petitioners' principal purpose in acquiring stock in their respective S corporations was the evasion or avoidance of Federal in…
47. T.C. Memo. 1996-421 — Joe M. & Patricia M. Brown v. Commissioner
    IRCCourt RulingsSep 18, 1996related by meaning
    sents taxable earnings from petitioner's IRA and that such amount is properly includable in petitioners' gross income for 1990. Sec. 408(d)(1). - 25 - In view of our conclusion, supra , that petitioner's Transfer Refund qualifies for tax-free rollover treatment in 1989 under section 402(a)(5)(D), we understand petition…
48. 120 T.C. No. 5 — Wells Fargo & Company, f.k.a. Norwest Corporation and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 13, 2003
    …, Inc. , 447 U.S. 102, 108 (1980); United States v. Am. Trucking Associations, Inc. , 310 U.S. 534, 543-544 (1940); Allen v. Commissioner , 118 T.C. 1, 7 (2002); V enture Funding, Ltd. v. - 35 - Commissioner , 110 T.C. 236, 241-242 (1998), affd. without published opinion 198 F.3d 248 (6th Cir. 1999); Trans City Life In…
49. U.S. Tax Court — Marlon G. Dasent & Kendra Walcott-Dasent v. Commissioner
    IRCCourt RulingsDec 13, 2018
    …he taxpayer whose inexactitude is of his or her own making. See Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); see also Vanicek v.
50. T.C. Memo. 2008-249 — David A. Hughes v. Commissioner
    IRCCourt RulingsNov 3, 2008
    …ion thereof, if there is an evidentiary basis for doing so . Cohan v . Commissioner , 39 F .2d 540, 543-544 (2d Cir . 1930) ; Vanicek v . Commissioner , 85 T .C . 731, 742-743, (1985) ., In thos e instances , the Court may_est mate heavily if appropriate again t the he allowable expense, bearing taxpayer 1whose inexact…
51. T.C. Memo. 2013-42 — Roger Phillips v. Commissioner
    IRCCourt RulingsFeb 7, 2013
    … expense, we may estimate the amount of the deductible expense. Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. - 13 - [*13] 1930). However, we cannot estimate the amount unless the taxpayer
52. T.D. 9275 — Final regulations under section 410 of the Code implement a statutory directive of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) to am…
    IRCTreasury DecisionsAug 28, 2006related by meaning
    n the information elicited on those line items, as well as the rest of the form, in their books and records. Announcement 2006-56 Announcement 2006-56 This document contains corrections to temporary regulations (T.D. 9262, 2006-24 I.R.B. 1040) concerning the application of section 199 of the Code, which provides a dedu…
53. T.C. Memo. 2005-258 — Joyce M. Thomas v. Commissioner
    IRCCourt RulingsNov 1, 2005related by meaning
    ficiency for the years in issue. Respondent determined that petitioner was liable for additional taxes of $499 and $5,215 for early distributions from her IRAs for 1999 and 2000, respectively. Respondent also determined that petitioner was liable for additions to tax under sections 6651(a)(1) and 6654(a), as set out ab…
54. U.S. Tax Court — James Thomas & Susan Jane Colegrove v. Commissioner
    IRCCourt RulingsApr 13, 2010
    … 447 U .S . 102, 108 (1980) ; United States v . Am . Trucking Associations, Inc . , 310 U .S . 534, 543-544 (1940) ; Allen v . Commissioner , 118 T .C . 1, 7 (2002) . In the instant
55. 76 T.C. 433 — Ralph Gano Miller (Corp.) v. Commissioner
    IRCCourt RulingsMar 17, 1981related by meaning
    implement the congressional mandate in some reasonable manner.’ ” (Citations omitted.) Commissioner v. Portland Cement Co. of Utah, 450 U.S. _ (1981). H. Rept. 2333,77th Cong., 1st Sess. (1942), 1942-2 C.B. 372,413; S. Rept. 1631, 77th Cong., 2d Sess. (1942), 1942-2 C.B. 541, 606-607. The specific changes made by Congr…
56. 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…
57. 162 T.C. No. 7 — Mohamed K. Abdo & Fardowsa J. Farah v. Commissioner
    IRCCourt RulingsApr 2, 2024
    … dispute over taxes. Id. ; see also Nat’l Fed’n of Indep. Bus. v. Sebelius ( NFIB ) , 567 U.S. 519, 543– 44 (2012) (distinguishing between a “tax” and a “penalty”). 28 by limiting the power of taxpayers to seek pre-enforcement judicial review. See § 7421(a). “Because of the Anti - Injunction Act, taxes can ordinarily b…
58. 162 T.C. No. 4 — Clair R. Couturier, Jr. v. Commissioner
    IRCCourt RulingsFeb 28, 2024
    … procedure in effect when the case is before them. ’ ” (quoting United States v. Higgins , 987 F.2d 543, 546 (8th Cir. 1993) )). But cf. Vernon , 49 F.3d at 89 2 (Cabranes, J., concurring) (observing that statutes of limitations “lie on the cusp of the procedural/substantive distinction”). As the Supreme Court noted, “…
59. 62 T.C. 456; 62 T.C. No. 51 — Latrobe Steel Co. v. Commissioner
    IRCCourt RulingsJul 3, 1974related by meaning
    ilar to the enumerated plans and that it therefore should not be treated in accordance with section 404 (a) but rather in accordance with section 162. Although a literal interpretation of the first sentence of section 404(a) would appear to support the position of respondent, we are not confined to such a literal readi…
60. T.C. Memo. 2012-346 — Esmat Zaklama, Deceased v. Commissioner
    IRCCourt RulingsDec 18, 2012
    …documentation which is not in evidence and the rule espoused in Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930), to support a greater deduction of expenses for each year. Under the Cohan rule, we may allow a claimed expense "Petitioners' opening brief does not directly set forth a specific amount of expenses…