Search the Pension Law Library

41. T.C. Memo. 2010-226 — Harry Eugene Mathews v. Commissioner
    IRCCourt RulingsOct 19, 2010
    … which petitioner's frivolous and groundless action" have caused. Coulter v. Commissioner, supra at 585. But if petitioner persists in instituting and maintaining frivolous and groundless claims, we will be inclined to impose a significantly higher section 6673 penalty in the future. We call petitioner's attention to W…
42. T.C. Memo. 2011-104 — Patricia Louise Hyde v. Commissioner
    IRCCourt RulingsMay 19, 2011
    … and additions to tax of $7,537 under section 6651(a) (1), $4,857 under section 6651(a) (2), and $1,585 under section 6654(a).1 After concessions,2 we decide ISection references are to the applicable version of the (continued. . . ) SERVED MAY 1 9 2011 - 2 - whether petitioner: (1) Had unreported income in the amounts …
43. 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…
44. 109 T.C. No. 9 — Square D Company and Subsidiaries v. Commissioner
    IRCCourt RulingsOct 9, 1997
    …, 7 less the fund's after-tax income for the year, $1,512,700, which in the instant case yields $36,585,785. Sec. 419(c). The third limitation, contained in section 1.419-1T, Q&A-5(b)(1), Temporary Income Tax Regs., 51 Fed. Reg. 4324 (Feb.
45. T.C. Summary Opinion 2005-112 — James M. & Mary N. Gorski v. Commissioner
    IRCCourt RulingsAug 4, 2005
    … the 10-percent additional tax. The disputed $2,684.30 is made up of the following expenses: (1) $1,585 for a computer; (2) $400 for books; (3) $504.12 for housewares, appliances, and furniture; and (4) $195.18 for bedding. Respondent agrees that the expenses for the computer, housewares, appliances, furniture, and bed…
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. T.C. Memo. 1998-388 — Robert B. Keenan v. Commissioner
    IRCCourt RulingsNov 2, 1998
    …cy Sec. 6651(a)(1) Sec. 6654(a) 1988 $73,559 $16,120 $4,059 1990 141,784 33,176 8,670 1991 20,822 4,585 1,040 Docket No. 15455-97 : Additions to Tax Year Deficiency Sec. 6651(a)(1) Sec. 6654(a) 1989 $70,821 $13,734.00 $2,871.00 1993 16,114 4,028.50 675.11 1994 17,361 4,340.25 894.53 Following concessions by the parties…
48. T.C. Summary Opinion 2002-52 — Daniel R. & Margaret J. Kallmyer v. Commissioner
    IRCCourt RulingsMay 9, 2002related by meaning
    ven report the distributions. the clear intent of Congress to prevent voluntary withdrawals, we decided that the penalty was inapplicable. Id. at 291. Petitioners’ reliance on Larotonda v. Commissioner , supra , is misplaced. Here, respondent did not levy on the retirement accounts. Petitioners made voluntary withdrawa…
49. DOL EBSA (final agency order) — U.S. DEPARTMENT OF LABOR, PENSION AND WELFARE BENEFITS ADMINISTRATION v. NORTHWESTERN INSTITUTE OF PSYCHIATRY
    ERISACourt RulingsJul 26, 1995
    … 332 US 234, 67 S. Ct. 1559, 91 L. Ed. 2022 (1947)." Blake Construction Co., Inc. v. United States, 585 F2d 998, 1005 (Ct. Cl. 1978). NIP's CONTENTION THAT THE ALJ ERRED AS A MATTER OF LAW BY
50. 119 T.C. No. 6 — Robert Ancira v. Commissioner
    IRCCourt RulingsSep 24, 2002
    …eceipt of the assets represented by the transaction. See Estate of Brooks v. Commissioner , 50 T.C. 585 (1968). “Its essence [of constructive receipt] is that - 8 - funds which are subject to a taxpayer’s unfettered command and which he is free to enjoy at his option are constructively received by him whether he sees f…
51. T.C. Summary Opinion 2015-60 — Cheryl Lynn Ireland v. Commissioner
    IRCCourt RulingsOct 1, 2015related by meaning
    ioner, 106 T.C. 337, 340 (1996) (citing and discussing the legislative history underlying section 408(f), the statutory predecessor to section 72(t)); Milner v. Commissioner, T.C. Memo. 2004-111. Section 72(t)(2)(B) provides an exception to the imposition of additional tax to the extent that retirement plan distributio…
52. T.C. Memo. 2024-16 — Lonnie Wayne Hubbard v. Commissioner
    IRCCourt RulingsFeb 6, 2024
    …18, 161 T.C. , slip op. at 20 ( Oct. 18, 2023) ( quoting Estate of Brooks v. Commissioner , 50 T.C. 585, 592 (1968 ) ) ; accord Benes v. Commissioner, 42 T.C. 358, 381 (1964), aff’d , 355 F.2d 929 (6th Cir. 1966) ; see also Corliss, 281 U.S. at 378; Treas. Reg. § 1.451-2(a). As discussed below, t his Court has consiste…
53. 54 T.C. 1679 — Clarke v. Commissioner
    IRCCourt RulingsAug 31, 1970related by meaning
    ement Date applicable to any such Participant, subject only to the payment to any sudh Participant of the full amount of his equity in the Trust Fund. Under the terms of the trust, those participants who declined to withdraw their vested interests pursuant to section XIII-A, or their beneficiaries, may receive distribu…
54. T.C. Memo. 2017-186 — Joe Pokawa & Nancy Fatoma v. Commissioner
    IRCCourt RulingsSep 21, 2017
    …other business expenses, and meals and entertainment. The 2013 Schedule A included an additional $7,585 that was not reported on the 2013 Forms 2106. Petitioners attached to their 2014 return a single Form 2106 for Ms. Fatoma which reported unreimbursed employee business expenses of $5,238, comprising vehicle expenses,…
55. T.C. Memo. 1996-365 — Timothy W. & Suzanne M. Coffield v. Commissioner
    IRCCourt RulingsAug 8, 1996related by meaning
    to the Internal Revenue Code by section 302 of the Taxpayer Bill of Rights 2, Pub. L. 104-168, authorizes this Court to review the Secretary's failure to abate interest with respect to requests for abatement after July 30, 1996. Because this case does not involve a request for abatement after July 30, 1996, we lack jur…
56. T.C. Memo. 2008-204 — Walter Kowsh v. Commissioner
    IRCCourt RulingsAug 28, 2008
    …m filing his or her return . See, e .g ., . Estate of Kirchner v . Commissioner , 46 B .T .A . 578, 585 .(1942 .) ; Carnahan v . Commissioner , T .C . Memo . 1994-163, affd . without published opinion 70 F .3d .637 (D .C . Cir . 1995) ; Jones-v . Commissioner , T .C . Memo . . 1988-542 ;' Harris v . Commissioner- , :T …
57. 98 T.C. 141; 98 T.C. No. 12 — Truck & Equipment Corp. v. Commissioner
    IRCCourt RulingsFeb 6, 1992related by meaning
    , Pub. L. 100-647,102 Stat. 3342. No inferences as to whether or not earlier regulations are valid should be drawn from the amendment of sec. 7805(e). As noted in the facts, petitioner had 34 employees on Jan. 31, 1986, but paid bonuses to only 33 employees because one employee left the company prior to the date of pay…
58. 68 T.C. 433 — Newman v. Commissioner
    IRCCourt RulingsJun 29, 1977
    … of validity attaching to the statute as so construed. See Estate of Klein v. Commissioner, 63 T.C. 585, 593-595 (1975), affd. 537 F.2d 701 (2d Cir. 1976), cert. denied 429 U.S. 980 (1976).
59. T.C. Memo. 2016-28 — Raymond S. McGaugh v. Commissioner
    IRCCourt RulingsFeb 24, 2016
    …or not." Ancira v. Commissioner, 119 T.C. at 138 (quoting Estate of Brooks v. Commissioner, 50 T.C. 585, 592 (1968)). Here, the stock was issued not in Mr. McGaugh's name but in the name "Raymond McGaugh IRA FBO Raymond McGaugh". Even with physical possession of the stock certificate, Mr. McGaugh could not have realize…
60. 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 …