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41. 142 T.C. No. 21 — Whistleblower 11332-13W v. Commissioner
    IRCCourt RulingsJun 4, 2014
    …d information both before and after the effective date of TRHCA. See, e.g., Dacosta. 82 Fed. Cl. at 554 (determining that the Tax Court had exclusive jurisdiction over the whistleblower's claim). The Court of Federal Claims' decision in Dacosta is directly on point. In Dacosta the court dismissed the case because the c…
42. 109 T.C. No. 21 — Lakewood Associates; Robert G. Moore, Tax Matters Partner v. Commissioner
    IRCCourt RulingsDec 29, 1997
    …urpose or the land owner intended to put the property to that use. Frazee v. Commissioner , 98 T.C. 554, 563 (1992); Stanley Works v. Commissioner , 87 T.C. 389, 400 (1986). Rather, "The realistic, objective potential uses" of the property control. Stanley Works v. Commissioner , supra at 400. The highest and best use …
43. T.C. Summary Opinion 2006-50 — Robert E. & Lori K. Reichner v. Commissioner
    IRCCourt RulingsApr 11, 2006
    …215 . Richardson v . Co mm issioner , 125 F .3d 551, 556 (7th Cir .1997), affg . T .C . Memo . 1995-554 ; Estate of Goldman v . Commissioner , supra at 323 . In this case, the divorce decree unambiguously designates the payments from petitioner's retirement benefits as nonalimony . It provides that the payments are to …
44. PLR 200548031 — Additional Tax
    IRCPrivate Letter RulingsDec 2, 2005related by meaning
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45. T.C. Memo. 1998-203 — Ramon A. & Bertha E. Garcia v. Commissioner
    IRCCourt RulingsJun 3, 1998
    …); KTA-Tator, Inc. v. Commissioner , 108 T.C. 100, 102-103 (1997); Frazee v. Commissioner , 98 T.C. 554, 582 (1992); Zinniel v. Commissioner , 89 T.C. 357, 369 (1987); F.W. Woolworth Co. v. Commissioner , 54 T.C. 1233, 1265-1266 (1970). Nonetheless, we find that respondent's position in the proposed regulation makes mo…
46. T.C. Memo. 1997-319 — James B. & Joan E. Murtaugh v. Commissioner
    IRCCourt RulingsJul 9, 1997
    …54 1987 $24,520 $4,748 $361 1988 20,939 3,124 738 1990 20,349 3,925 998 1991 6,737 1,460 331 1992 4,554 1,105 192 Petitioner Joan E. Murtaugh: Year Deficiency Addition to Tax Sec. 6651(a) Addition to Tax Sec. 6654 1987 $2,075 $100 $0 1988 1,901 29 0 1992 3,098 168 0 Unless otherwise noted, all section references are to…
47. T.C. Memo. 2005-124 — Henry Uscinski and Jacqueline Uscinski v. Commissioner
    IRCCourt RulingsMay 25, 2005related by meaning
    ibution was not from an IRA, it would not qualify for the exception for higher education expenses, even if it were used for higher education expenses. Petitioners stated in their petition that the distribution was from a section 401(k) account, a fact which petitioners have not denied. Petitioners did not respond to th…
48. T.C. Memo. 1999-369 — Westchester Plastic Surgical Associates, P.C. v. Commissioner
    IRCCourt RulingsNov 5, 1999
    … Charges to funding standard account: Prior year funding deficiency $231,796 Employer's normal cost 554 Interest 18,588 Addtl. interest due to late contributions 6,701 Total charges 257,639 Credits to funding standard account -0- Funding deficiency 257,639 two active participants. It further reports no contributions ma…
49. 125 T.C. No. 5 — 100 Oak Street Corporation v. Commissioner
    IRCCourt RulingsSep 15, 2005
    …icial Sec. 7436(a) has since been amended by the Consolidated Appropriations Act, 2001, Pub. L. 106-554, sec. 314(f), 114 Stat. 2763A-643 (2000) to confer jurisdiction to determine "the proper amount of employment tax." - 14 -
50. T.C. Summary Opinion 2014-92 — Alex Halo v. Commissioner
    IRCCourt RulingsSep 11, 2014
    …etitioner received Social Security benefits during the year totaling $34,346.50. Of that amount, $7,554 was paid in 2010 for 2009, and $11,688 was paid in 2010 for other tax years. -3Petitioner filed a timely Form 1040A, U.S. Individual Income Tax Return, for taxable year 2010. On the return, petitioner stated that his…
51. T.C. Memo. 2014-106 — Whistleblower 10949-13W v. Commissioner
    IRCCourt RulingsJun 4, 2014
    …d information both before and after the effective date of TRHCA. See, e.g., Dacosta, 82 Fed. Cl. at 554 (determining that the Tax Court had exclusive jurisdiction over the whistleblower's claim). The Court of Federal Claims' decision in Dacosta is directly on point. In Dacosta the court dismissed the case because the c…
52. T.C. Memo. 2017-125 — Jeremy Ray Summers v. Commissioner
    IRCCourt RulingsJun 26, 2017
    … the exception it provides. See Hartley v. Commissioner, T.C. Memo. 2012-311, 104 T.C.M. (CCH) 553, 554 (stating that in order for a distribution to qualify for this exception, the distribution must be made directly "in response to a qualified domestic relations order"); Bougas v. Commissioner, T.C. Memo. 2003-194, 200…
53. 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…
54. 157 T.C. No. 10 — Andrew McNulty & Donna McNulty v. Commissioner
    IRCCourt RulingsNov 18, 2021
    …der section 4975 with respect to his IRA. During 2015 he received taxable IRA distributions of $295,554 and reported $1,595 of the distributions in gross incom e. During 2016 he received taxable distributions of $21,862 and did not report any am ount in gross incom e. - 4 - In August 2015 Mrs. McNulty purchased service…
55. 37 T.C. 7 — Barbourville Brick Co. v. Commissioner
    IRCCourt RulingsOct 9, 1961related by meaning
    e distribution. Although section 816 of the 1954 Code rather than section 115 of the 1939 Code is applicable here, the relevant language is identical. The dividend issue was raised expressly by respondent for the first time at the trial by the statement that “the amounts involved in this case are * * * a preferential o…
56. 44 T.C. 335 — F. & D. Rentals, Inc. v. Commissioner
    IRCCourt RulingsJun 9, 1965
    …2 2,442.48 325.92 528.42 595.44 $21,828.75 96,245.11 6,440.02 1,692.38 162,794.11 4,372.23 4,158.83 554.95 899.75 1,013.87 Total fixed assets. Total assets_ 475,187.57 1,576,179.57 175,187.57 1,276,179.57 300,000.00
57. T.C. Memo. 2016-55 — Brenda S. Jones v. Commissioner
    IRCCourt RulingsMar 28, 2016
    … use the approach adopted by the U.S. Supreme Court in Cottage Sav. Ass'n v. Commissioner, 499 U.S. 554, 565 (1991), and hold that a modification is material if it changes legal entitlements of the respective parties to the arrangement. - 33 - [*33] Respondent argues that materiality cannot be measured by a change in t…
58. T.C. Memo. 2012-344 — Karl E. Cross v. Commissioner
    IRCCourt RulingsDec 13, 2012
    …sic] set forth by Scar v. Comm'r, 814 F.2d 1363 (9th Cir. 1987), Bell Atlantic v. Twombly, 550 U.S. 554 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). As will be demonstrated below, Respondent has failed to abide by the principles enunciated in the abovementioned cases and has 4As of this time Mrs. Cross' case con…
59. 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…
60. 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…