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41. T.C. Memo. 2010-149 — Harold X. O'Boyle v. Commissioner
    IRCCourt RulingsJul 13, 2010related by meaning
    .a distribution of $6,277 from a qualified retirement . plan during~the'2001 tax year and that .she was under the age of 59-l/2 , at "the time of the distribution . . At trial Ms . O'Boyle presented no evidence that she qualified for any of the . exceptions in section 72(t)(2) . Accordingly ; we hold that Ms .-O'Boyle…
42. T.C. Summary Opinion 2006-55 — Linda L. & Anthony M. Domanico v. Commissioner
    IRCCourt RulingsApr 19, 2006
    …ten, see Estate of Cowser v. Commissioner , 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80 T.C. 783, 787-788 (1983), and we may not rewrite the law because we may “‘deem its effects susceptible of improvement’”, Commissioner v. Lundy , 516 U.S. 235, 252 (1996) (quoting Badaracco v. Commissioner , 464 U.S. 386, 398 …
43. 98 T.C. 141; 98 T.C. No. 12 — Truck & Equipment Corp. v. Commissioner
    IRCCourt RulingsFeb 6, 1992related by meaning
    and the temporary regulations rather than the general deduction-timing rules (i.e., normal rules of accrual accounting) of the Internal Revenue Code. In summary, we hold that section 1.404(b)-lT, Temporary Income Tax Regs., is a valid temporary regulation, that petitioner has not brought itself within any exception th…
44. T.C. Memo. 2000-266 — Lester L. & Susan P. Samford v. Commissioner
    IRCCourt RulingsAug 24, 2000
    …rtnership level in a partnership proceeding. Secs. 6221, 6226(a); Maxwell v. Commissioner , 87 T.C. 783, 787- - 9 - 788 (1986). We do not have jurisdiction over a partnership proceeding until a valid notice of final partnership administrative adjustment (FPAA) has been issued and the tax matters or notice partner has t…
45. T.C. Summary Opinion 2004-29 — Howard T. Owens, Jr. & Ann E. Owens v. Commissioner
    IRCCourt RulingsMar 15, 2004
    … harsh. Estate of Cowser v. Commissioner , 736 F.2d 1168, 1171, 1174 (7th Cir. 1984), affg. 80 T.C. 783 (1983). With respect to section 72(t) in particular, this Court has repeatedly ruled that it is bound by the list of statutory exceptions enumerated in section 72(t)(2). See, e.g., Arnold v. - 8 - Commissioner , 111 …
46. T.C. Summary Opinion 2003-13 — Mark F. Beneventi v. Commissioner
    IRCCourt RulingsFeb 20, 2003
    …ten, see Estate of Cowser v. Commissioner , 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80 T.C. 783, 787-788 (1983), and that we may not rewrite the law because we may “deem its effects susceptible of improvement”, Commissioner v. Lundy , 516 U.S. 235, 252 (1996) (quoting Badaracco v. Commissioner , 464 U.S. 386, 3…
47. 99 T.C. 379; 99 T.C. No. 21 — Citrus Valley Estates v. Commissioner
    IRCCourt RulingsSep 29, 1992related by meaning
    etitioner Docket No. Year ended Deficiency Sec. 6651(a)(1) Sec. 6659A Citrus Valley Estates, Ine. et al. 12900-89 12/31/82 $6,182.00 12/31/83 5,737.00 12/31/85 22,462.00 24352-90 12/31/88 4,265.00 - - - $1,280.00 Additions to tax Petitioner Docket No. Year ended Deficiency Sec. 6651(a)(1) Sec. 6659A Robert J. & Janice …
48. 125 T.C. No. 5 — 100 Oak Street Corporation v. Commissioner
    IRCCourt RulingsSep 15, 2005related by meaning
    tax status, it should also have jurisdiction over section 6652(c) (1) for purposes of section 6330(d)(1): This [Court] has jurisdiction to adjudicate whether a tax ehempt organization has unrelated business taxablþ income pursuant to IRC §512, as well as to determine any penalties in connection with such an assertion,…
49. 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…
50. T.C. Memo. 2014-229 — Grace Foundation, R. S. Ohendalski, Trustee v. Commissioner
    IRCCourt RulingsNov 6, 2014
    …il February 16, 2011. On its 2003 Form 990-PF the Foundation listed income (gross receipts) of $883,783, total aggregate cash contributions received of $890,900, and contributions of $80,000 to various ministries and churches. On May 9, 2011, the IRS assessed a section 6652(c) delinquency penalty of $10,000 with respec…
51. T.C. Summary Opinion 2011-64 — Larry Ray & Marjorie Z. Zedaker v. Commissioner
    IRCCourt RulingsJun 1, 2011
    …tten, see Estate of Cowser v. Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80 T.C. 783 (1983), I and we may not rewrite the law because we may deem its."'effects susceptible of improvement'", see Commissioner v. Lundy, 516 U.S. 235, 252 (1996) (quoting Badaracco v. Commissioner, 464 U.S. 386', 398 (198…
52. 100 T.C. 216; 100 T.C. No. 15 — Halliburton Co. v. Commissioner
    IRCCourt RulingsMar 24, 1993related by meaning
    the allocation of forfeitures among remaining participants resulted in prohibited discrimination in favor of highly compensated employees. Discussion Before turning to the merits of the parties’ contentions, we note preliminarily that respondent bears the burden of proof herein because respondent failed to issue a fin…
53. 74 T.C. 808; 2 Employee Benefits Cas. (BNA) 2071 — Engineered Timber Sales, Inc. v. Commissioner
    IRCCourt RulingsJul 22, 1980related by meaning
    y for purposes of applying such section. * * * Sec. 83(a) and (c)(1) states: SEC. 83. PROPERTY TRANSFERRED IN CONNECTION WITH PERFORMANCE OF SERVICES. (a) General Rule. — If, in connection with the performance of services, property is transferred to any person other than the person for whom such services are performed,…
54. T.C. Summary Opinion 2003-137 — John & Michele McGovern v. Commissioner
    IRCCourt RulingsSep 30, 2003related by meaning
    ance with its substance.” Neonatology Associates, P.A. v. Commissioner , 299 F.3d 221, 230 n.12 (3d Cir. 2002), affg. 115 T.C. 43 (2000). However, the Supreme Court “has observed repeatedly that, while a taxpayer is free to organize his affairs as he chooses, nevertheless, once having done so, he must accept the tax co…
55. T.C. Memo. 2017-3 — Candace Elaine v. Commissioner
    IRCCourt RulingsJan 3, 2017
    …t 7-8 (citing Estate of Cowser v. Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), , 80 T.C. 783, 787788 (1983)). On the record before us, we find that none of the enumerated statutory exceptions applies to petitioner, and thus the distributions from petitioner's IRA in 2011 are subject to the section 72(t) addi…
56. 121 T.C. No. 19 — Fortunato J. Mendes v. Commissioner
    IRCCourt RulingsDec 11, 2003related by meaning
    ining whether petitioner satisfies the return-filed safe harbor of section 6654(d)(1)(B)(i). Because petitioner made no estimated tax payments for the audit year, he necessarily failed the alternative safe harbor of section 6654(d)(1)(B)(i) to make estimated tax payments equal to “90 percent of the tax” (i.e., his ulti…
57. 67 T.C. 131 — Babst Services, Inc. v. Commissioner
    IRCCourt RulingsNov 4, 1976
    …, 1974-3 C.B. Supp. 120-122; cf. Fairbanks v. United States, 306 U.S. 436; Abraham M. Katz, 27 T.C. 783, 786; Frank W. Williamson, 27 T.C. 647, 661-662.
58. 141 T.C. No. 19 — Andrew Wayne Roberts v. Commissioner
    IRCCourt RulingsDec 30, 2013
    …t. MARVEL, Judge: Respondent determined a deficiency in petitioner's 2008 Federal income tax of $13,783 and an accuracy-related penalty of $3,357 under section 6662(a).1 In an amendment to answer respondent asserted an increased 1Unless otherwise indicated, all section references are to the Internal Revenue Code (Code)…
59. 74 T.C. 651 — Judd v. Commissioner
    IRCCourt RulingsJul 8, 1980related by meaning
    2,300. All statutory references are to the Internal Revenue Code of 1954 as in effect during the year in issue. Sec. 6652(c) states in pertinent part: (c) Failure To Report Tips. — In the case of failure by an employee to report to his employer on the date and in the manner prescribed therefor any amount of tips requir…
60. T.C. Summary Opinion 2003-83 — Manuel Francisco Palomo & Jane Lyon Potter v. Commissioner
    IRCCourt RulingsJun 24, 2003related by meaning
    tract unless such amounts are specifically excluded from gross income under other provisions of chapter 1 of the Code. The burden is on petitioners to demonstrate that the payments in question fall into a specific statutory exclusion. See Commissioner v. Glenshaw Glass Co. , 348 U.S. at 429-431. Under section 72(t), a …