ERISACourt RulingsOct 14, 1999
…ther stated that, at the time, Comgraphix had engaged the Lauterbach accounting firm to
perform the 1996 audit, but shortly thereafter, Ben Marmande, CFO
of Racom, told Comgraphix representatives that he had consulted
with an ERISA attorney and had been advised that, under the
circumstances, the annual report could be …
81 FR 47534 — Proposed Revision of Annual Information Return/Reports ERISAProposed Rules (FR)Proposed Jul 21, 2016
…established well before the enactment of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 110 Stat. 1936 (Aug. 21, 1996); Title I of the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233, 122 Stat. 881 (May 21, 2008); the Mental Health Parity Act of 1996, Public L…
IRCCourt RulingsMar 13, 2001
…), affd. without published opinion 578 F.2d 1383 (8th
042 Cir. 1978); Bartley v. Commissioner, T.C.·Memo. 1998-322; Ruben
v. Commissioner, T.C. Memo. 1987-277; Downing v. Commissioner,
T.C. Memo. 1983-97; Warren v. Commissioner, T.C. Memo. 1982-696;
Notter v. Commissioner, T.C. Memo. 1982-96; Cunninghman v.
Commissione…
IRCCourt RulingsJun 18, 1999related by meaning
1402(a). We therefore simply sustain
respondent's determination as respondent did not assert an
increased deficiency in this regard. See sec. 6214(a). used for retirement purposes, a 10 percent penalty is generally
imposed on IRA distributions made before the taxpayer reaches age
59-1/2. See sec. 72(t). In that regard,…
IRCCourt RulingsJul 23, 2003
…terest Expense
Petitioners claimed an itemized deduction for mortgage
interest expense of $8,732 in 1996. Respondent decreased this
deduction, allowing a deduction of only $3,732.
Mortgage interest expense generally is deductible by
individual taxpayers, subject to various limitations not relevant
here. Sec. 163(a), (h…
IRCCourt RulingsFeb 12, 2008related by meaning
oner ,
T .C . Memo . 2004-125 .
- 6 -
Petitioner has not argued, and she has failed to
demonstrate, that she is a member of any suspect classification or that TRHCA section 408 interferes with a fundamental right .
Consequently, we must uphold TRHCA section 408 if it bears a
rational relationship to a legitimate govern…
IRCCourt RulingsJun 12, 1996related by meaning
tioner's
distribution.
Section 72(t) provides:
(1) Imposition of additional tax.--If any taxpayer
receives any amount from a qualified retirement plan * * *, the taxpayer's tax * * * 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 w…
IRCCourt RulingsMay 29, 1997related by meaning
…
prior years. Easter v. Commissioner
, 338 F.2d 968, 969-970 (4th
Cir. 1964), affg. per curiam T.C. Memo. 1964-58; Rose v.
Commissioner
, 55 T.C. 28, 32 (1970). We reject petitioners’
argument that an exception to this rule applies to disputes
involving $10,000 or less.
To reflect the foregoing,
Decision will be entere…
ERISACourt RulingsFeb 22, 2000
… October,
1986, and represented approximately 50% of the total assets of the
two Plans. On July 26, 1996, ChiRO informed the trustees of the two Plans that its retention of the Westmont Property constituted a
violation of § 404 (a) (1) (B) of ERISA.
PWBA also informed the Administrator that
there were violations for th…
IRCCourt RulingsNov 29, 1993related by meaning
aws. As to the precedential value of Memorandum Opinions, see, e.g., Newman v. Commissioner, 68 T.C. 494, 502 n.4 (1977). [Id. at 67; emphasis added.] In light of our restrained articulation in Darby, and particularly its caveat as to a community property situation, we are satisfied that Darby does not compel a decisio…
IRCCourt RulingsOct 11, 1995related by meaning
T.C. Memo. 1995-492
UNITED STATES TAX COURT
GLENN L. WITTSTADT, JR. AND LYNNE M. WITTSTADT, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 7123-93. Filed October 11, 1995.
Robert G. Cassilly
, for petitioners.
Alan R. Peregoy
, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
DAWSON, Jud…
IRCCourt RulingsJan 17, 2024related by meaning
Title 26 U.S.C. (Code) , in effect at all relevant times, and Rule references are to
the Tax Court Rules of Practice and Procedure .
Served 01/17/24
2 [* 2 ] deficiencies under section 4973 in th e aggregate amount of
$8,476,705 . The notices also determined additions to tax under section
6651(a)(1) and (2) and accurac…
IRCCourt RulingsJan 3, 2017related by meaning
v.
Commissioner, T.C. Memo. 1996-354); Milner v. Commissioner, T.C. Memo.
2004-111; Gallagher v. Commissioner, T.C. Memo. 2001-34; Robertson v.
- 8 - [*8] Commissioner, T.C. Memo. 2000-100, af[d, 15 F. App'x 467 (9th Cir. 2001).
While we acknowledge and are sympathetic to petitioner's financial straits, we
have no aut…
IRCCourt RulingsNov 15, 2004
…fter sometimes referred to
collectively as the Borrowers.
Table 1
Loan Date Borrower Amount
May 29, 1996 J & J Charlotte $100,000
June 7, 1996 J & J Charlotte 100,000
June 12, 1996 J & J Charlotte 75,000
July 8, 1996 J & J Charlotte 25, 000
Sept. 9, 1996 J & J Charlotte . 25,000
May 20, 1997 Eagle Bluff 50,000
Sept. 2,…
IRCCourt RulingsJan 27, 1998related by meaning
2,803.75
12/31/88 11,215 -- -- $560.75 2,803.75
12/31/89 11,215 -- -- -- 2,803.75
12/31/90 11,215 -- -- -- 2,803.75
12/31/91 11,215 -- -- -- 2,803.75 12/31/92 11,215 -- -- -- 2,803.75
12/31/93 11,215 -- -- -- 2,803.75
08/18/94 -- $224,298 -- -- --
This case involves the question of whether an assignment of
accounts re…
IRCCourt RulingsMar 13, 2008
…dship .' Arnold v . Commissioner , 111 T .C . 250 , 255 (1998) ;
Thompson v . Commissioner , T .C . Memo . 2007-327 ; Cole v .
Commissioner , T .C . Memo . 2006-44 ; Gallagher v . Commissioner , T .C .
Memo . 2001-34 ; Deal v . Commissioner , T .C . Memo . 1999-352 ; Duffy
v . Commissioner , T .C . Memo . 1996-556 ; Pu…
IRCCourt RulingsJun 24, 1996
… the years at issue,
all Rule references are to the Tax Court Rules of Practice and
Procedure.
T.C. Memo. 1996-292
UNITED STATES TAX COURT
GALEN J. SMITH, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 8945-95. Filed June 24, 1996.
Galen J. Smith, pro se.
Pamelya P. Herndon
, for respondent.
MEM…
IRCCourt RulingsSep 25, 1996related by meaning
…iencies............................... 146
C. No Need To Address Other Issues............ 151
- 5 -
MEMORANDUM FINDINGS OF FACT AND OPINION
BEGHE, Judge
: In seven of these consolidated cases
respondent determined deficiencies in Federal income taxes as
follows:
Taxable
Docket No.
Petitioners
Year
Deficiency
13364-89 B…
IRCCourt RulingsAug 28, 2008related by meaning
T .C . Memo . 2008-20 4
UNITED STATES TAX-COUR T
WALTER KOWSH, Petitioner v .
COMMISSIONER OF . INTERNAL . REVENUE, Responden t
Docket No . 15154-06 . Filed August 28, 2008 .
Walter Kowsh, pro se .
Michelle L . Maniscalco , for respondent .
MEMORANDUM FINDINGS'-OF-FACT-AND OPINIO N
KROUPA, Judge : Respondent determined…
IRCCourt RulingsMar 7, 2000
…not have
jurisdiction over the section 6654 additions to tax for 1995.
Fujita v. Commissioner, T.C. Memo. 1999-164.
We now consider whether petitioner is liable for the
addition to tax under section 6654 for the .failure to pay
estimated taxes for 1996. Section 6654(c) imposes a requirement
that estimated taxes be paid…