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41. T.C. Memo. 2011-58 — Erin N. Hellweg v. Commissioner
    IRCCourt RulingsMar 9, 2011related by meaning
    ities. Classification of the transaction as a prohibited transaction under section 408(e) (2) (A) results in a deemed distribution of the IRA's assets to the taxpayer that is included in the taxpayer's income and is subject to a 10-percent additional tax. See secs. 72(t), 408(e) (2) (]B). In cases where the Service att…
42. T.C. Memo. 2000-384 — Robert W. & Vivian Toan v. Commissioner
    IRCCourt RulingsDec 19, 2000related by meaning
    ec. 402(a), 96 Stat. 324, 648, but had to be determined in the Toans’ individual case. Alternatively, petitioners argue, any assessment under the 1980 notice is time barred under section 6501. Petitioners assert that the addition to tax under section 6659 was an affected item - 7 - for 1982 and that the related notice …
43. T.C. Memo. 1999-289 — Richard David Czepiel v. Commissioner
    IRCCourt RulingsAug 30, 1999related by meaning
    in effect ordered him to satisfy the increased amount awarded to Ms. Czepiel by making the IRA distributions since the only funds available to him in January 1995 to pay that amount consisted of approximately $33,000 on deposit in his IRA's. Respondent counters that the divorce judgment is not a QDRO and that petition…
44. T.C. Summary Opinion 2014-84 — David C. Matthews & Marcia K. Matthews v. Commissioner
    IRCCourt RulingsAug 28, 2014
    …GI. See Patient Protection and Affordable Care Act, Pub. L. No. 111-148, sec. 9013(a), 124 Stat. at 868. -7distributions under consideration to alleviate economic hardship. We have considered similar claims in the past and have observed that there is no authority in the Code, the legislative history, or caselaw for a g…
45. 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’ …
46. T.C. Memo. 2010-149 — Harold X. O'Boyle v. Commissioner
    IRCCourt RulingsJul 13, 2010
    … in a~ taxpayer's bank account constitutes taxable income . DiLeo v . Commissioner , 96 T .C . 858, 868 (1991), affd . 959 F .2d 16 (2d Cir . 1992) . Taxpayers bear the burden of proving that the Commissioner's determination of income computed using the ban k deposits method of reconstructing income is incorrect . Id .…
47. U.S. Tax Court — Jeremiah Francis O'Neill v. Commissioner
    IRCCourt RulingsAug 25, 2009
    …e facts before us . 9 - other than service-incurred injuries . aar v . Commissioner, 78 T .C . 864, 868 (1982) (citing Riley v .' United States, 140 Ct . Cl . 381, 156 F . Supp . 751 .(1957)-),, affd . 709 F .2d 1206 .(8th Cir . 1983) . The Pension Fund established by the Administrative Code of the City of New York pro…
48. U.S. Tax Court — Michael Leon & Karin Policky Tilley v. Commissioner
    IRCCourt RulingsJul 21, 2008
    …Commissioner , 89 T .C . 849, B88 (1987), affd . 904 F .2d 1011 (5th Cir . 1990), affd . 501 U .S . 868 (1991) ; see also sec . 1 .6664-4(b)(1), Income Tax Regs . In order to be considered as such, the reliance must be reasonable . See Freytag v . Commissioner , supra at 888 ; sec . 1 .6664-4(b)(1), Income Tax Regs . -…
49. 131 T.C. No. 15 — Larry G. & Maria A. Walton Mitchell v. Commissioner
    IRCCourt RulingsDec 15, 2008
    …udicial, not “executive, legislative, or administrative, power.” Freytag v. Commissioner , 501 U.S. 868, 890-91 (1991). Another difference is that the decision discussed in Wehrli was the result of a very informal process--the hearing involved -40was not even recorded. Courts have often held that there must be a record…
50. T.C. Summary Opinion 2005-127 — Timothy J. Glenn v. Commissioner
    IRCCourt RulingsAug 16, 2005
    …. Commissioner , 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011, 1017 (5th Cir. 1990), affd. 501 U.S. 868 (1991). It is clear to the Court that petitioner is unsophisticated as to tax matters. After providing his and Ms. Glenn’s tax - 10 - return preparer with all their relevant tax information, they relied reasonably an…
51. T.C. Summary Opinion 2001-69 — Marsha K. Huggins v. Commissioner
    IRCCourt RulingsMay 14, 2001related by meaning
    December 19, 1989, - 6 - 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…
52. 116 T.C. No. 13 — Kenneth L. Nordtvedt v. Commissioner
    IRCCourt RulingsMar 13, 2001
    …ached the same conclusions when faced with similar situations. See Stelly v. Commissioner, 804 F.2d 868, 870 (5th Cir. 1986) ("The * * * [taxpayers'] contention that they are entitled to an inflation adjustment to their interest income is plainly incorrect."); Birkenstock v. Commissioner, 646 F.2d 1185, 1186 (7th Cir. …
53. T.C. Summary Opinion 2003-77 — Wallace W. Burke v. Commissioner
    IRCCourt RulingsJun 18, 2003related by meaning
    ly to assist taxpayers in filing tax returns; neither the Commissioner nor this Court is bound by such guidance where it is contrary to (continued...) taxpayer’s gross income generally are not part of the taxpayer’s investment in the contract, sec. 72(f). Therefore, in the context of this case, a taxpayer’s investment …
54. T.C. Memo. 1997-277 — Margaret M. Merker v. Commissioner
    IRCCourt RulingsJun 18, 1997
    …4 F.2d 553, 557 (9th Cir. 1986), affg. 82 T.C. 630, 634 (1984); Haar v. Commissioner , 78 T.C. 864, 868 (1982), affd. per curiam 709 F.2d 1206 (8th Cir. 1983). The relevant inquiry is into the nature of the statute pursuant to which the payment is made and not the source of the particular taxpayer's injury. Smelley v. …
55. T.C. Memo. 1998-203 — Ramon A. & Bertha E. Garcia v. Commissioner
    IRCCourt RulingsJun 3, 1998
    …ytag v. Commissioner , 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991); sec. 1.6664-4(b)(1), Income Tax Regs. Such reliance is not an absolute defense to negligence but merely a factor to be considered. See Freytag v. Commissioner , supra . When a taxpayer claims reliance on an a…
56. 111 T.C. No. 15 — John F. Romann v. Commissioner
    IRCCourt RulingsNov 4, 1998related by meaning
    eafter received his SPB monthly. Petitioner retains a valid chief engineer’s license issued by the U.S. Coast Guard for standby use if needed by MEBA. On August 22, 1991, petitioner elected to forgo continued health care coverage through MEBA Medical. Petitioner checked option one and signed the election form discussed…
57. T.C. Memo. 1997-70 — Lucky Stores, Inc., and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 10, 1997
    …ced, by the exercise of due diligence, in the prior proceeding. Westbrook v. Commissioner , 68 F.3d 868, 879-880 (5th Cir. 1995), affg. per curiam T.C. Memo. 1993-634; see Estate of Scanlan v. Commissioner , T.C. Memo. 1996-414. The granting of a motion for reconsideration rests with the discretion of the Court, and we…
58. T.C. Memo. 2001-146 — Michael T. Chappell v. Commissioner
    IRCCourt RulingsJun 20, 2001
    …petitioner understated gross receipts from his tax preparation business by $42,972 for 1994 and $12,868 for 1995. - 11 - 1. Workers’ Compensation Petitioner contends that weekly workers’ compensation of $400 which he received from January 1994 to June or July 1995 should be excluded from respondent’s bank deposits anal…
59. Notice 2024-55 — Certain Exceptions to the 10 Percent Additional Tax Under Code Section 72(t)
    IRCNoticesJul 8, 2024related by meaning
    nal revenue law. Generally, tax returns and tax return information are confidential, as required by section 6103 of the Code. VI. DRAFTING INFORMATION The principal authors of this notice are Naomi Lehr, Vernon Carter, and Pamela R. Kinard of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organization…
60. T.C. Memo. 2012-168 — Steven W. & Gayle F. Repetto v. Commissioner
    IRCCourt RulingsJun 14, 2012
    …tag v. Commissioner, 89 T.C. 849, 888 (1987), aff'd, 904 F.2d 1011 (5th Cir. 1990), aff'd, 501 U.S. 868 (1991). The advice must be from competent - 40 -