50 T.C. 391 — New York Seven-Up Bottling Co. v. Commissioner IRCCourt RulingsMay 29, 1968related by meaning
-10(a). Upon considering the entire regulation in the perspective of the issue raised herein, we conclude that petitioner’s argument is without merit. We conclude that section 404 (a) applies to petitioner’s severance-pay provision. It follows that section 404(a) (5) prohibits petitioner from deducting the sum of $36,7…
IRCCourt RulingsMay 14, 2001related by meaning
December 19, 1989,
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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 RulingsApr 18, 1996
…ish curre ntly deductible items from capital
expenditures. C ommissioner v. Tellier
, 383 U.S. 687, 689-690
(1966). An expense is necessary if it is appropriate and helpful
to the operation of the taxpayer’s trade or business. Carbine v.
Commissioner
IRCCourt RulingsAug 24, 1981related by meaning
in 1976 within the meaning of the statutory limitation and, hence, is not entitled to a deduction under section 219 for the payment to an IRA in 1976. Section 4973 imposes an excise tax of 6 percent on "excess contributions” made to án IRA during the taxable year. Since petitioner is not entitled to a deduction under s…
IRCCourt RulingsAug 12, 1998related by meaning
titioner, WE 7, and
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4
The complaint filed in the Superior Court indicates that
the subject matter of the case involved a contract to purchase a portion of a shopping center entered into on Aug. 3, 1987.
the Guardian Construction Co., Inc., as corporate partners of
Estes Co. Petitioner was identified as a partner…
110 T.C. No. 22 — Calvert Anesthesia Associates-Pricha Phattiyakul, M.D. P.A. v. Commissioner IRCCourt RulingsApr 27, 1998related by meaning
acted section
7476 to establish a declaratory judgment procedure under which an
- 6 -
employer could challenge respondent's determination with respect to the qualification of its employee benefit plan. H. Rept.
93-807, supra
at 107, 1974-3 C.B. at 342. Section 7476 provides:
SEC. 7476. DECLARATORY JUDGMENTS
RELATING TO…
IRCCourt RulingsNov 4, 1976
…Job title the category compensation pension plan
Construction and General Laborers Local Unions No. 689 or 1450
IRCCourt RulingsOct 9, 1997related by meaning
einafter referred to
as the instant case). The instant case is before the Court on
- 3 -
1
All Code and section references are to the Internal Revenue Code in effect for the year at issue. All Rule references are to
the Tax Court Rules of Practice and Procedure.
the parties' cross-motions for partial summary judgment. …
IRCCourt RulingsMar 20, 2006
…F.2d 624, 631-632 (7th Cir. 1989),
affg. T.C. Memo, 1987-295; Geiger v. Commissioner, 440 F.2d 688,
689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159;
Tokarski v. Commissioner, 87 T.C. 74, 77 .(1986).
Accordingly, we sustain respondent's determination regarding
IRCCourt RulingsSep 28, 2022related by meaning
. See FPL Grp.,
Inc. & Subs. v. Commissioner, 116 T.C. 73, 74 (2001). We may grant
summary judgment regarding an issue as to which there is no genuine dispute of material fact and a decision may be rendered as a matter of
law. Rule 121(b); Sundstrand Corp. , 98 T.C. 518, 520 (1992), aff’d , 17
F.3d 965 (7th Cir. 1994).…
IRCCourt RulingsJun 4, 1997
…er's ability to
prepare [their] case." William Bryen Co. and
Subsidiaries v. Commissioner
, 89 T.C. 689 (1987). See
also Schuster's Express v. Commissioner
, supra
at
593-594; Rubin v. Commissioner
, supra
at 1163. In
Leahy
, we recognized that an argument may not be made
for the first time on brief unless it is shown …
IRCCourt RulingsDec 19, 1995
…e event for a beneficiary.
The case closest to point is William Bryen Co. v.
Commissioner
, 89 T.C. 689 (1987). In that case, an unqualified
money purchase plan was merged into an otherwise qualified money
purchase plan, resulting in the disqualification of the surviving
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7
In Fazi I, 102 T.C. at 703 n.7, we stat…
IRCCourt RulingsSep 27, 1990related by meaning
COHEN, Judge:
Respondent determined that petitioner is liable for excise taxes under section 4975(a) in the amount of $3,000 for 1984, $5,700 for 1985, and $5,700 for 1986. Respondent also determined that petitioner is liable for additions to tax under section 6651(a)(1) for failure to file excise tax returns, but resp…
IRCCourt RulingsOct 17, 1995
….2d 624, 631-632
(7th Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v.
Commissioner
, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per
curiam T.C. Memo. 1969-159. The determination of respondent is
sustained as to rental expenses claimed in 1989 and 1990.
Issue 7. Capital Gain
Petitioners sold the California property o…
IRCCourt RulingsNov 7, 1996related by meaning
T.C. Memo. 1996-502
UNITED STATES TAX COURT
ELAINE S. BENNETT, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 8545-96. Filed November 7, 1996.
Vernon E. Robbins
, for petitioner.
Alan R. Peregoy
, for respondent.
MEMORANDUM OPINION
DAWSON, Judge
: This case was assigned to Special Trial
Judge Ro…
145 T.C. No. 1 — John A. Tomassetti & Cathy C. Tomassetti v. Commissioner IRCCourt RulingsJul 13, 2015
…le]."
- 42 -
As of November 13, 2005, 2006, and 2007, the cash values of the Brown
policy were $205,689, $276,082, and $341,847, respectively.
3. Mr. Tomassetti
Fifth Third Bank of Florida purchased a Minnesota Life insurance policy on
the life of Mr. Tomassetti (Tomassetti policy) for the Code Environmental
Services I…
IRCCourt RulingsOct 29, 2013related by meaning
ed CST, an entity owned by his IRA, to enter into a lease agreement
with CDJ, an entity owned by both petitioners and their children in tax year 2006. The notice of deficiency also reflected respondent's determination that, for
the year in which the prohibited transaction occurred petitioners are liable for the
additio…
IRCCourt RulingsDec 13, 2012
…ly Clinic v. Commissioner, T.C. Memo. 2010-202; Curcio v. Commissioner,
T.C. Memo. 2010-115, aff'd, 689 F.3d 217 (2d Cir. 2012). In the motion to
dismiss, Mr. Fuerst makes numerous allegations including that he was misled into
signing that stipulation to be bound and he was unaware that petitioner was not
involved in t…
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…
IRCCourt RulingsOct 16, 2008
… the Commonwealth of Pennsylvania .
On the basis of the original return, respondent determined a
$3,689 deficiency in the Jenningses' 2003 Federal income tax .
The deficiency was due to the two items identified above . In
November of 2005 Mr . and Ms . Jennings amended their 2003 return
to correct these two items, and …