81 FR 21139 — Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Be… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
75(e)(1) of the Code are included within the scope of relief provided by PTE 75-1 because it was issued jointly by the Department and the Service.
See PTE 2002-13, 67 FR 9483 (March 1, 2002) (preamble discussion). For simplicity and consistency with the other new exemptions and amendments to other existing exemptions p…
133 T.C. No. 9 — Taproot Administrative Services, Inc. v. Commissioner IRCCourt RulingsSep 29, 2009
…ngs,
15
and . .applying the
standard enunciated by the Supreme Court in Skidmore v . Swift &
Co . , 323 U .S . 134, 140 (1944), the weight (if any) that we affor d
them depends upon their persuasiveness and the consistency of the
Commissioner's position over time . See PSB Holdings, Inc . v .
Commissioner , 129 T .C . …
IRCCourt RulingsMar 5, 1987related by meaning
amended and in effect during the years in issue. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure. Our references to secs. 371 and 372 of the Judicial Code are to those sections as in effect during 1980 and 1981. Sec. 372 of the Judicial Code was amended twice by acts…
IRCCourt RulingsMar 12, 2008
…d : (Attachment I) $286,205 .8 9
And, on December 31, 2001 I had : (Attachment II) 51,118 .0 5
337 .323 .9 4
Retirement accounts from above : 337,323 .9 4
2001 Distributions requiring 10% penalty* ($63,298 .00 )
*which I paid on 2001 return 274,025 .9 4
So this reflects that sometime in 2001, after withdrawing
$63,298 …
IRCCourt RulingsSep 25, 2000related by meaning
lity for the excise
taxes and that petitioner was liable for the additions to tax
under section 6651(a)(1).
Discussion
I. Liability Under Section 4975 A. The Statutes
Section 4975 was added to the Internal Revenue Code by title
II of the Employee Retirement Income Security Act of 1974
(ERISA), Pub. L. 93-406, sec. 2003…
IRCCourt RulingsApr 11, 2006
…such a designation is
reflected in the instrument ." Estate of Goldman v . Commissioner ,
supra .at 323 . Generally,-the divorce or separation agreement
must provide a "clear ., explicit and express direction" that the
payments are not to be treated as alimony, but the designation
need not mimic the statutory . languag…
IRCCourt RulingsJul 25, 1974related by meaning
ew principal place of work.
Prior to Jan. 1, 1970, self-employed persons were not entitled to the benefits of sec. 217.
SEC. 6653. FAILURE TO PAY TAX. (a) Negligence ok Intentional Disregard of Roles and Regulations With Respect to Income or Gift Taxes. — If any part of any underpayment (as defined in subsection (c) (1…
IRCCourt RulingsMar 6, 2001
ioner v. Schleier
,
515 U.S. 323 (1995), published June 14, 1995. Schleier
held that
awards under the Age Discrimination in Employment Act (ADEA) were taxable not only because the ADEA, like the pre-1991 version of
the Civil Rights Act, does not satisfy the requirement of tortlike injury, but also because the claim mus…
IRCCourt RulingsSep 11, 2014
…bed in 7,647.80
sec. 86(a)(2)
Lesser of:
Sec. 86(a)(1)(A) 17,173.25 .
Sec. 86(a)(1)(B) 1/2 excess 8,323.90
Amount includible
is the lesser of:
(A) the sum of:
Sec. 86(a)(2)(A)(i) 85% of excess (i) 6,500.63
plus
Sec. 86(a)(2)(A)(ii) lesser of: (ii) lesser of:
Amount determined under sec. 86(a)(1) $8,323.90
1/2 ($34,000 …
IRCCourt RulingsNov 30, 2006related by meaning
1
Unless otherwise indicated, all subsequent section
references are to the Internal Revenue Code in effect for 2002,
the taxable year in issue.
T.C. Summary Opinion 2006-184
UNITED STATES TAX COURT
WILLIAM EDWARD AND PATRICIA MARIE COLOMBELL, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 23979…
145 T.C. No. 1 — John A. Tomassetti & Cathy C. Tomassetti v. Commissioner IRCCourt RulingsJul 13, 2015
(including Mr. Blake). Of the $417,245,
$323,606 was paid on the Blake policy.
Under the Sterling Plan, as of December 31, 2005, both the pre- and the postretirement death benefits payable on the Blake policy were $6.9 million. As
of December 10, 2005, the cash value of the Blake policy was $90,694.
2. 2006
On December…
IRCCourt RulingsSep 18, 1996related by meaning
ies for tax-free rollover treatment in 1989 under
section 402(a)(5)(D), petitioner is not liable for the excise tax
imposed by section 4980A for 1989. For 1990, petitioner withdrew an amount in excess of
$150,000 from his IRA with First National. Accordingly,
- 28 -
20
See supra
note 15 and accompanying text. Further, …
IRCCourt RulingsDec 5, 2007
his compensation for the last 12-month
period before his termination of service was $323,334 .
On July 16, 2001, VRD/RTD mailed to Teplitzky & Co . an "Employer Request for Payment of Benefits" for Dr . Domingo
listing the date of severance as January 1, 1999, and stating
that the compensation paid to Dr . Domingo for …
IRCCourt RulingsOct 11, 1995related by meaning
tion that petitioners
are liable for the 10-percent additional tax imposed by section
72(t).
Section 72(t) provides for a 10-percent additional tax on early distributions from qualified retirement plans. Paragraph
(1), which imposes the tax, provides in relevant part as follows:
(1) Imposition of Additional Tax.--If an…
T.C. Memo. 2016-10 — Family Chiropractic Sports Injury & Rehab Clinic, Inc. v. Commissioner IRCCourt RulingsJan 19, 2016related by meaning
iction over the petition. See, e.g., Efco Tool Co. v. Commissioner, 81 T.C.
976 (1983).
In this declaratory judgment proceeding we review respondent's determination that the plan was not qualified. The standard for our review was
enunciated in Buzzetta Constr. Corp. v. Commissioner, 92 T.C. 641, 648 (1989),
as follows:…
IRCCourt RulingsJun 16, 1987related by meaning
of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts.
[ERISA sec. 2, 88 Stat. 832.] We have stated above that in enacting section 4975(c)(1), Congress intended to create a blanket prohibition against certain transactions, regardless of how prudent the t…
ERISARegulationsJan 1, 2017related by meaning
[Reserved]
IRCCourt RulingsAug 24, 1995related by meaning
spouse, child, or other dependent of a participant, and
(ii) is made pursuant to a State domestic relations law (including a community property law). “The reason that many ERISA sections have such counterparts in the IRC is that, to encourage employers to establish pension plans, Congress provides favorable tax treatme…
IRCCourt RulingsFeb 22, 1989related by meaning
n from sec. 457 altogether.
We note the irony that, on answering brief in another issue in the instant case, petitioners make the following statement: It is improper to resort to legislative history where the statute is clear. U.S. v. Prudential Ins. Co. of America, 461 F.2d 280 (5th Cir. 1972); U.S. v. Marett, 325 F.2…
ERISARegulationsJan 1, 2017related by meaning
[Reserved]