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41. 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…
42. T.C. Memo. 2009-133 — Paul Rudnick v. Commissioner
    IRCCourt RulingsJun 9, 2009
    …g on a trade or business . See commissioner v . Lincol n Sav . & Loan Association , 403 U .S . 345, 352 (1971) . In ordler fo r
43. 59 T.C. 598; 59 T.C. No. 59 — Thriftimart, Inc. v. Commissioner
    IRCCourt RulingsJan 31, 1973related by meaning
    for any payment of any specific amount to any employee until the conditions of that employee having medical services or being away from work occurred. In Simplified Tax Records, Inc., 41 T.C. 75, 79 (1963), in disallowing a deduction to the taxpayer for a reserve for the estimated future cost of preparing subscribers’ …
44. T.C. SUMMARY OPINION 2020-12 — Edwin D. Benton & Sheila E. Benton v. Commissioner
    IRCCourt RulingsMar 11, 2020related by meaning
    little more than guesswork and failed to satisfy the strict substantiation requirements for vehicle expenses prescribed in section 274(d) and related regulations. As noted above the Court may not use the rule established in Cohan v. Commissioner, 39 F.2d at 543-544, to estimate expenses covered by section 274(d). Cons…
45. 97 T.C. 51; 97 T.C. No. 4 — Darby v. Commissioner
    IRCCourt RulingsJul 24, 1991related by meaning
    tever source derived, including (but not limited to) the following items: ******* (11) Pensions; SEC. 451. GENERAL RULE FOR TAXABLE YEAR OF INCLUSION. (a) General Rule. — The amount of any item of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under th…
46. T.C. Memo. 1997-319 — James B. & Joan E. Murtaugh v. Commissioner
    IRCCourt RulingsJul 9, 1997
    …a) Addition to Tax Sec. 6654 1987 $ 5,515 ($1,693) $ 0 $ 0 1988 5,366 (4,952) 0 1990 12,328 5,409 1,352 305 1991 2,321 (718) 0 0 1992 4,114 1,551 388 55 Petitioners concede that the overpayments are barred by section 6511(b)(2)(B). We must decide the following issues: (1) Whether petitioners are required to include, as…
47. T.C. Memo. 1996-502 — Elaine S. Bennett v. Commissioner
    IRCCourt RulingsNov 7, 1996related by meaning
    case. E. Legislative Intent Petitioner also argues that Congress did not intend for the excise tax under section 4980A to apply to amounts distributed under a qualified employer plan to an individual who is not retired. Here, however, we are reminded of the admonition of the Supreme Court that "There is * * * no more p…
48. 38 T.C. 312 — Hydro Molding Co. v. Commissioner
    IRCCourt RulingsMay 28, 1962related by meaning
    ystem. * * * To grant plaintiff the relief prayed for would either be to invoke equity or to legislate, which in either instance, is not our province. Similarly, in the instant case, although the result is harsh, the clear and unambiguous language of the statute requires the conclusion that petitioner is not entitled t…
49. T.C. Summary Opinion 2003-53 — Brian P. & Mary G. Keeley v. Commissioner
    IRCCourt RulingsMay 15, 2003
    … Inc. (ATI) and remains currently employed there. Mr. Keeley earned $3,115 with ATI in 1997 and $44,352 in 1998. In 1998, Mr. Keeley withdrew the remaining IRA balance at National in the amount of $5,280. Mrs. Keeley also withdrew the balance of her Illinois Municipal Retirement Fund 5 (pension) in the amount of $2,998…
50. 120 T.C. No. 5 — Wells Fargo & Company, f.k.a. Norwest Corporation and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 13, 2003
    …Employee contributions during year N/A 473,833 736,176 784,906 K. Interest to yearend 4 453,647 821,352 958,237 1,335,044 L. Account limit (yearend) 5 8,701,773 15,781,474 25,514,292 36,161,092 M. Actual contribution 30,689,717 2,170,000 13,966,816 12,247,933 N. Value of assets (yearend) 30,736,554 30,176,217 39,940,67…
51. T.C. Memo. 2012-221 — Robert L. Bernard & Diolinda B. Abilheira v. Commissioner
    IRCCourt RulingsAug 1, 2012related by meaning
    yer's return information. None of the assertions, even if true, would affect petitioners' deficiency. Petitioners' attacks on the Court in relation to its Rules of Practice and Procedure and the rulings in this and other cases lack merit and will not be addressed in this opinion. Adverse rulings are not grounds - 8 - […
52. 115 T.C. No. 5 — Wan B. & Cecilia Lo v. Commissioner
    IRCCourt RulingsJul 31, 2000
    …d (5) was an ordinary expense. See Commissioner v. Lincoln Savs. & Loan Association , 403 U.S. 345, 352 (1971); Welch v. Helvering , 290 U.S. 111, 115 (1933). A determination of whether an expenditure satisfies each of these requirements is a question of fact. See Commissioner v. Heininger , 320 U.S. 467, 475 (1943). P…
53. 41 T.C. 685 — Conroy v. Commissioner
    IRCCourt RulingsFeb 26, 1964related by meaning
    kly pay period, the Secretary or his delegate shall by regulations prescribe the method of determining the weekly rate at which such amounts are paid. (e) Accident and Health Plans. — For purposes of this section and section 104— (1) amounts received under an accident or health plan for employees, and (2) amounts recei…
54. T.C. Memo. 2008-249 — David A. Hughes v. Commissioner
    IRCCourt RulingsNov 3, 2008
    …rade .or business for purposes of section 162(a) . 6 - , O'Malley v . Commissioner , :91 T : .C . . 352, 363-364 .(1988) . However ; . if an employee's expenses are,reimbursable by his or .her employer, those expenses are .not-necessary„and cannot be deducted . Orvis v . Commissioner , 788,F .2d 14`06, 1408 .(,9th Cir …
55. 80 T.C. 239; 80 T.C. No. 4 — Feichtinger v. Commissioner
    IRCCourt RulingsJan 20, 1983related by meaning
    sue in this case is within the scope of respondent’s authority and is reasonable, it is not necessary to classify it as legislative or interpretative. Respondent’s position is that the disputed regulation appropriately implements section 415, which was intended by Congress to allow automatic increases in benefits based…
56. T.C. Memo. 2002-166 — Wayne A. McFadden v. Commissioner
    IRCCourt RulingsJul 2, 2002
    …dated, the rate was 6.81 percent. See Rev. Rul. 90-1, 1990-1 C.B. 155; Rev. Rul. 91-41, 1991-2 C.B. 352.
57. 72 T.C. 377 — La Mastro v. Commissioner
    IRCCourt RulingsMay 23, 1979related by meaning
    rden of proof on the unreasonable compensation issue since he raised it in his amended answer. Rule 142(a), Tax Court Rules of Practice and Procedure. Turning to the merits, we note that respondent argues that the case of Bianchi v. Commissioner, 66 T.C. 324 (1976), affd. per curiam 553 F.2d 93 (2d Cir. 1977), is direc…
58. T.C. Memo. 2017-186 — Joe Pokawa & Nancy Fatoma v. Commissioner
    IRCCourt RulingsSep 21, 2017
    …50, 255 (1998); Gallagher v. Commissioner, T.C. Memo. 200134; Deal v. Commissioner, T.C. Memo. 1999-352. Petitioners do not dispute that the distributions in 2013 and 2014 of $83,480
59. 105 T.C. 141; 105 T.C. No. 12 — Brotman v. Commissioner
    IRCCourt RulingsAug 24, 1995related by meaning
    spouse, child, or other dependent of a participant, and (ii) is made pursuant to a State domestic relations law (including a community property law). “The reason that many ERISA sections have such counterparts in the IRC is that, to encourage employers to establish pension plans, Congress provides favorable tax treatme…
60. 138 T.C. No. 20 — Shannon L. Fernandez v. Commissioner
    IRCCourt RulingsMay 14, 2012related by meaning
    4(a)(1) exclude541 from Mr. Fernandez' income the amounts he received from - 6 - LACERA. The question is whether the same section excludes the amounts petitioner received attributable to Mr. Fernandez' benefits under the stipulated division of retirement benefits. . Petitioner argues that the $11,691 is excluded from h…