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41. T.C. Memo. 1998-13 — Francisco A. Murillo v. Commissioner
    IRCCourt RulingsJan 12, 1998related by meaning
    payer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer's tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income. - 9 - 5 See also …
42. T.C. Memo. 2010-263 — Ernestine Forrest v. Commissioner
    IRCCourt RulingsDec 2, 2010related by meaning
    wers v. Commissioner, 24 T.C. 199, 239 (1955), affd. 247 F.2d 233 (2d Cir. 1957), affd. sub nom. Bonney v. Commissioner, 247 F.2d 237 (2d Cir. 1957)); see also sec. 1 165-1(d) (2) (i), Income Tax Regs. This is especially true in a case involving insurance. Section 165(a) prohibits a taxpayer from deducting any amount c…
43. T.C. Memo. 2008-17 — Herbert & Christine Bangs v. Commissioner
    IRCCourt RulingsJan 31, 2008
    …ension plan as part of a divorce settlement . See generally Klingenberg v . Klingenberg , 675 A .2d 551, 555-556 (Md . 1996) . It was no t until 1986 that the legislature of the State of Maryland authorized Maryland courts to transfer ownership of an interest in a "pension, retirement, profit sharing, or deferred compe…
44. T.C. Memo. 2019-124 — William Elias Rosenberg v. Commissioner
    IRCCourt RulingsSep 19, 2019related by meaning
    e. Because petitioner raises only a legal issue, we decide whether he is liable for the deficiency without regard to the burden of proof. II. Analysis Gross income generally includes distributions from an IRA under the provisions of section 72. Sec. 408(d); see Sears v. Commissioner, T.C. Memo. 2010-146. Section 72(t)(…
45. T.C. Memo. 1998-203 — Ramon A. & Bertha E. Garcia v. Commissioner
    IRCCourt RulingsJun 3, 1998
    …ance of late payments on a note for approximately 11 years); Wendlandt v. Sommers Drug Stores Co. , 551 S.W.2d 488 (Tex. Civ. App. 1977) (landlord's failure to object to late payments over a period of 1½ to 2 years). In contrast, the parties to the notes in this case did not engage in any conduct evidencing an intent t…
46. T.C. Memo. 2020-1 — Clark J. Gebman & Rebecca Gebman v. Commissioner
    IRCCourt RulingsJan 2, 2020related by meaning
    n 72(t) imposes an additional 10% tax on early distributions from a qualified retirement plan, including an IRA, made to a taxpayer before she attains the age of 59½. See secs. 72(t)(1), (2)(A)(i), 4974(c)(4). Mrs. Gebman had not attained the age of 59½ when she received the distributions at issue. The IRA distribution…
47. 73 T.C. 1142 — Home Interiors & Gifts, Inc. v. Commissioner
    IRCCourt RulingsMar 24, 1980
    …ing compensation, including salary, bonuses, and deferred amounts: Company 1972 197U J. C. Penney. $551,000 $154,000 Sears Roebuck. 478,000 344,000
48. T.C. Memo. 1997-319 — James B. & Joan E. Murtaugh v. Commissioner
    IRCCourt RulingsJul 9, 1997
    …($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 ordinary income, the entire distribution …
49. T.C. Memo. 2001-55 — Taylor Miller v. Commissioner
    IRCCourt RulingsMar 6, 2001related by meaning
    claim to a pension plan contribution deduction on that ground forecloses her claim that she is entitled to an above-the-line Schedule C deduction for legal fees, rather than the itemized deduction subject to the 2percent limitation of section 67 that respondent allowed in the statutory notice. To give effect to all the…
50. T.C. Summary Opinion 2003-59 — Anthony V. & Sandra K. Margavio v. Commissioner
    IRCCourt RulingsMay 22, 2003
    …1,267. In the notice of deficiency, respondent determined that petitioner had failed to include $15,551 ($31,266 taxable amount less the $15,715 reported by petitioners) of taxable pension annuity income on their 1998 return. We consider the $1 - 3 - discrepancy between the amount of $31,267 shown on the 1998 Form 1099…
51. T.C. Summary Opinion 2006-170 — Nader Ghazitehrani and Farzaneh Zamanizadeh v. Commissioner
    IRCCourt RulingsOct 23, 2006related by meaning
    , petitioners were divorced . At trial, Ms . Zamanizadeh indicated that she wished to seek relief under section 6015, which is commonly referred to as innocent spouse relief . Petitioner stated that he did not object to Ms . Zamanizadeh's being granted relief . The Court held the record open to-permit Ms . Zamanizadeh …
52. T.C. Memo. 2024-71 — Kenneth Steven Tuma, Sr. & Deborah Ann Tuma v. Commissioner
    IRCCourt RulingsJul 11, 2024
    …lthough we liberally constru e Mr. Tuma’s brief not to have abandoned it , s ee Erickson v. Pardus, 551 U.S. 89, 94 (2007) , we reject it as well. 20 [* 20] We have found it to be true that Mr. Tuma retired on the basis of disability , which is consistent with our conclusion that Mr. Tuma began receiving benefits from …
53. T.C. Memo. 2012-344 — Karl E. Cross v. Commissioner
    IRCCourt RulingsDec 13, 2012
    …ad determined a deficiency of $3,034,424, an addition to tax pursuant to section 6651(a)(1) of $716,551.25, and a penalty pursuant to section 6662A (the accuracy related penalty on understatements with respect to reportable transactions) of $875,663.04. One document, Form 4549, Income Tax Examination Changes, detailed …
54. T.C. Memo. 2005-67 — Laura D. Seidel v. Commissioner
    IRCCourt RulingsMar 31, 2005related by meaning
    now how these deductions were calculated. She did not substantiate such expenses. Therefore, this Court holds that such deductions are not allowed and respondent’s disallowance of such deductions is sustained. Due to our holding that petitioner has not substantiated any of the claimed Schedule C deductions for Port of …
55. T.C. Memo. 2017-69 — Larry E. Austin & Belinda Austin v. Commissioner
    IRCCourt RulingsApr 24, 2017
    … consent of the holders of 100% of the shares entitled to vote. In Austin v. Commissioner, 141 T.C. 551 (2013), ruling on motions for summary judgment, we rejected respondent's contention that petitioners' UMLIC S-Corp. stock was "substantially vested" when issued to them by virtue of section 1.83-3(c)(2), Income Tax R…
56. T.C. Memo. 2013-84 — K & K Veterinary Supply, Inc. v. Commissioner
    IRCCourt RulingsMar 25, 2013
    …. Menard, Inc. v. Commissioner, 130 T.C. 54 (2008); see Estate of Mueller v. Commissioner, 101 T.C. 551, 556 (1993). In order to establish that equitable recoupment applies, a party must prove the following elements: (1) the overpayment or deficiency for which recoupment is sought by way of offset is barred by an expir…
57. T.C. Memo. 2002-17 — Angela C. Morris v. Commissioner
    IRCCourt RulingsJan 16, 2002related by meaning
    470 in petitioner's deductions, a $144 decrease in petitioner's withholding credits, and the imposition of the section 72(t) additional tax of $1,283. Petitioner timely filed a Form 8857, Request for Innocent Spolse Relief, seeking equitable relief from liability under the provisions of section 66(c). Respondent determ…
58. 142 T.C. No. 21 — Whistleblower 11332-13W v. Commissioner
    IRCCourt RulingsJun 4, 2014
    …ants provided the Commissioner with information both before and after the enactment of TRHCA. Ii at 551. The Government moved to dismiss for lack of ¹°The Commissioner's proposed regulations explain that the term "proceeds" includes when "the IRS initiates a new action that it would not have initiated, expands the scop…
59. 35 T.C. 1217 — Searl v. Commissioner
    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…
60. 79 FR 347 — Payment of Premiums; Large-Plan Flat-Rate Premium
    PBGCFinal Rules (FR)Jan 3, 2014
    …mmediate Effective Date Pursuant to section 553(d)(3) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) and section 808(2) of the Congressional Review Act (5 U.S.C. 801