IRCCourt RulingsJun 26, 2017related by meaning
e requirements of the QDRO provisions must be "rigidly observed"
because they "relate to the substance or essence of the statute"). We have con-
- 8 - [*8] siderable sympathy for petitioner's position: In effect, his willingness to help
minimize stress on his soon-to-be ex-wife disabled him from satisfying the
statutor…
IRCCourt RulingsJul 29, 1997related by meaning
rences are
to the Internal Revenue Code in effect for the year in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure. The issues for decision are (1) whether a pension plan
distribution to petitioner is taxable pursuant to section
402(a)(1) and whether petitioner is liable for a 10-perc…
IRCCourt RulingsSep 29, 2022related by meaning
distribution , respondent determined a 10% additional
tax under section 72(t) .
In response to each notice, p etitioner timely petitioned this Court , and we consolidated these cases for trial, briefing , and opinion . Before
trial p etitioner filed a Pretrial Memorandum , in which he advanced
frivolous arguments. He a…
IRCCourt RulingsFeb 6, 2024
…15 65– 66 ( same where taxpayer’s IRA was subject to a civil forfeiture to USA ) ,
aff’d , 166 F.3d 1201 (2d Cir. 1998) (unpublished table decision) ; Santilli
v. Commissioner, T.C. Memo. 1995-278, 69 T.C.M. (CCH) 2974 , 2975
6
[* 6 ] (holding that taxpayer had dominion and control over interest
i ncome from interest-b…
IRCCourt RulingsMar 31, 1961related by meaning
ntract” as meaning the entire contract, especially since Congress, when it wished to delineate the annuity feature of the contract, did so explicitly. Although admitting that the interpretation proposed by petitioner is not without merit, we hold that section 72(d) applies only when the entire consideration furnished b…
IRCFinal Rules (FR)Jun 25, 2014
…00, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Public Law 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Public Law 111-148, 124 Stat. 119, as amended by Public Law 111-152, 124 Stat. 1029; Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010).
The Department of Health and Human Services reg…
IRCCourt RulingsMay 29, 2002
…Similarly, in Murillo v. Commissioner, T.C. Memo. 1998-13,
affd. without published opinion 166 F.3d 1201 (2d Cir. 1998),
also cited by petitioner, the taxpayer was indicted on charges of
violating Federal currency transaction reporting laws. As part
of the taxpayer's plea agreement, all funds on deposit in several
- 4 …
IRCCourt RulingsMay 25, 2005related by meaning
ibution was not from an IRA, it would not qualify for the
exception for higher education expenses, even if it were used for
higher education expenses. Petitioners stated in their petition that the distribution
was from a section 401(k) account, a fact which petitioners have
not denied. Petitioners did not respond to th…
ERISAProposed Rules (FR)Proposed May 7, 2014
…5-200, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Pub. L. 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Pub. L. 111-148, 124 Stat. 119, as amended by Pub. L. 111-152, 124 Stat. 1029; Secretary of Labor's Order 1-2011, 77 FR 1088 (January 9, 2012).
List of Subjects in 29 CFR Part 2590
Continuation coverag…
IRCCourt RulingsMay 9, 2002
…ject to the section 72(t) additional tax), affd. without
published opinion on other issues 166 F.3d 1201 (2d Cir. 1998).
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
for respondent
.
IRCCourt RulingsAug 8, 2000
…y is governed by local law. See Lee v.
Commissioner
, 64 T.C. 552 (1975), affd. per curiam 550 F.2d 1201
(9th Cir. 1977). Consequently, we decline to disregard the
divorce judgment or treat it as a nullity.
In this case, petitioner merely alleges that the divorce was
not final and has introduced no evidence to support …
IRCCourt RulingsAug 15, 1996related by meaning
c.
Year
6651(a)(1)
1985 $ 813
1986 1,123
1987 1,403
1988 1,529
1989 1,581
1990 1,539
Then, in her reply brief, she conceded that the correct additions to tax are as stated in the text.
The primary issue for decision is whether petitioner engaged
in a prohibited transaction so as to be subject to the first-tier
excise t…
IRCCourt RulingsApr 28, 2003
… decision in Murillo v. Commissioner
, T.C.
Memo. 1998-13, affd. without published opinion 166 F.3d 1201 (2d
Cir. 1998), and no longer assesses the 10-percent addition to tax
under sec. 72(t). See also Larotonda v. Commissioner
, 89 T.C.
287 (1987).
1998 Federal income tax. The issue is whether a distribution
from peti…
IRCCourt RulingsAug 30, 1993related by meaning
ferences are to the Internal Revenue Code in effect for the years in issue, and Rule references are to the Tax Court Rules of Practice and Procedure.↩ 1. To be determined.↩
2. The $ 53 difference between the $ 6,853 amount appearing on the FYE 1985 Form 5500-C and the $ 6,800 amount appearing in the statutory notice of…
IRCProposed Rules (FR)Proposed Feb 24, 2014
…00, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Public Law 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Public Law 111-148, 124 Stat. 119, as amended by Public Law 111-152, 124 Stat. 1029; Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010).
The Department of Health and Human Services reg…
122 T.C. No. 5 — Estate of John W. Clause, Deceased; Thomas Y. Clause, Personal Representative v. Commissioner IRCCourt RulingsFeb 9, 2004
…743 F.2d 781, 795 (11th Cir. 1984); Young v.
Commissioner
, 83 T.C. 831, 841 (1984), affd. 783 F.2d 1201 (5th
Cir. 1986). As we stated in Dunavant v. Commissioner
, 63 T.C.
316, 320 (1974): “We are not at liberty to infer that an
election existed when the unequivocal proof required by Congress
does not exist.” Petition…
IRCCourt RulingsOct 19, 2010related by meaning
ense that it caused.to surface a
meritorious section 72(t) issue and resulted in respondent's
I
"Respondent's concession is presumably based upon sec. 72(t) (2) (A) (iv), which provides that the 10-percent additional
tax does not apply to distributions which are "part of a series
of substantially equal periodic payment…
T.C. Memo. 1996-450 — Theodore Souris, P.C., a dissolved corporation, and Theodore Souris, as successor in interest of Theodore Souris, P.C. v. Commissioner IRCCourt RulingsOct 2, 1996related by meaning
1
Unless otherwise indicated, all section references are to
(continued...)
T.C. Memo. 1996-450
UNITED STATES TAX COURT
THEODORE SOURIS, P.C., A DISSOLVED CORPORATION,
AND THEODORE SOURIS, AS SUCCESSOR IN INTEREST
OF THEODORE SOURIS, P.C., Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 639-95. F…
ERISACourt RulingsOct 14, 1999
…beneficiaries . . . " [citing Sutton v. Weirton Steel Div. Of
Nat'l Steel Corp., 567 F. Supp. 1184, 1201 (N.D.W. Va.),
aff'd 724 F.2d 406 (4th Cir. 1983)].
Without an independent audit, it is
impossible to ascertain whether there were fiduciary breeches in
the administration of Plan 001. Questions remain such as what
b…
78 FR 39870 — Coverage of Certain Preventive Services Under the Affordable Care Act IRCFinal Rules (FR)Jul 2, 2013
…00, 112 Stat. 645 (42 U.S.C. 651 note); sec. 512(d), Public Law 110-343, 122 Stat. 3881; sec. 1001, 1201, and 1562(e), Public Law 111-148, 124 Stat. 119, as amended by Public Law 111-152, 124 Stat. 1029; Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010).
The Department of Health and Human Services reg…