IRCCourt RulingsNov 6, 2007
0 in 2003 . On her
return, Ms . Amarasinghe reported income of $75,318 as alimony
received and did not report any income from pensions and
annuities . On May 26, 2006, respondent issued a notice of deficiency to
Dr . Amarasinghe and his spouse . Respondent effectively
disallowed the Form 1040X amended return and determ…
145 T.C. No. 1 — John A. Tomassetti & Cathy C. Tomassetti v. Commissioner IRCCourt RulingsJul 13, 2015
…able year. For this purpose, indirect ownership is determined
under rules similar to the rules of § 318 but without regard to the
family attribution rules of § 318(a)(1).
- 100 -
D. Section 7491(c)
1. Overview
As previously stated, the Commissioner bears the burden of production with
respect to an individual taxpayer's…
IRCCourt RulingsMar 31, 1997related by meaning
but before the due
dates of the returns as extended.
1. Held
: pension contributions, based on units
of service worked after the close of TYE 8801 and before Oct. 17, 1988, were not on account of P's TYE
8801, as required by sec. 404(a)(6), I.R.C., and are
therefore not deductible in that year. Lucky Stores,
Inc., & Su…
IRCCourt RulingsOct 10, 1979related by meaning
Tannenwald, Judge:
Respondent determined deficiencies in the Federal income tax of petitioner for 1971, 1972, and 1973 in the respective amounts of $3,576.58, $4,052.04, and $3,912 together with negligence penalties under section 6653(a). The negligence penalties have been conceded by respondent, and capital loss adjus…
IRCCourt RulingsMar 27, 1989related by meaning
983). They are among the clearest and most central requirements for favorable tax treatment and cannot be disregarded — deliberately or inadvertently. The amounts in question here ($80,490 and $6,715) were not de minimis, and in a quantitative sense they were material. The error occurred in more than one year, and occu…
IRCCourt RulingsSep 25, 1996
…d that, effective as of
January 1, 1988, MIT 80 would issue an invoice to MPC in the
amount of $301,318.95 for the Contract Renegotiation fee. No
such invoice was issued.
In the agreement, MPC agreed to pay to MIT 80 a balance due
of $1,295,108. This amount included the $301,318.95 that MPC had
agreed to pay in exchang…
IRCCourt RulingsOct 10, 2018
…(Chenery II), 332 U.S. 194, 196 (1947) (describing its holding in SEC v. Chenery
Corp. (Chenery I), 318 U.S. 80 (1943)). This means that the SO must clearly set
forth the grounds on which he made his determination, so that we don't have to
guess. See 4 at 196-97. We should not uphold the notice of determination
"simply…
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…
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…
IRCCourt RulingsAug 12, 1998related by meaning
titioner, WE 7, and
- 18 -
4
The complaint filed in the Superior Court indicates that
the subject matter of the case involved a contract to purchase a portion of a shopping center entered into on Aug. 3, 1987.
the Guardian Construction Co., Inc., as corporate partners of
Estes Co. Petitioner was identified as a partner…
PBGCCode / StatuteJan 6, 2017
…individual who on October 10, 1991, owned directly or indirectly through the application of section 318 of title 26 more than 50 percent of the total voting power of the stock of an affected air carrier;
(a)(14)(C)(ii)(IV) (IV) "successor" means any person that acquires, directly or indirectly through the application o…
IRCCourt RulingsJul 13, 1995related by meaning
OPINION
Wright, Judge:
Respondent determined a deficiency in petitioner’s Federal income tax for taxable year 1990 in the amount of $239,463.
After concessions by the parties, the issues for our consideration are as follows:
(1) Whether dividends paid to an employee stock ownership plan, deductible under section 404(k)…
89 FR 100138 — Taxable Income or Loss and Currency Gain or Loss With Respect to a Qualified Business Unit IRCFinal Rules (FR)Dec 11, 2024
…section 958(b)(1)) applies in determining ownership of a controlled foreign corporation and section 318(a) applies in determining ownership of other corporations, except that in applying section 318(a)(2)(C), the phrase “10 percent” is used instead of the phrase “50 percent.”
(B) An interest in a partnership (whether d…
IRCCourt RulingsDec 11, 1997related by meaning
ng
bank at the end of 1992.
Based on our examination of the entire record before us, we
find that petitioners have failed to show that they acted with reasonable cause and in good faith, or that they otherwise
exercised due care or made a reasonable attempt to comply with
the Code, when they claimed the 1992 and 1993 d…
IRCCourt RulingsSep 28, 2022related by meaning
. See FPL Grp.,
Inc. & Subs. v. Commissioner, 116 T.C. 73, 74 (2001). We may grant
summary judgment regarding an issue as to which there is no genuine dispute of material fact and a decision may be rendered as a matter of
law. Rule 121(b); Sundstrand Corp. , 98 T.C. 518, 520 (1992), aff’d , 17
F.3d 965 (7th Cir. 1994).…
IRCCourt RulingsSep 24, 2007related by meaning
)(2) addition to tax . The sec .
6651(a)(2) addition to tax was listed only in the Form 4549,
Income Tax Examination Changes, which was included as an attachment to the notice of deficiency . Suffice it to note that
respondent raised the sec . 6651(a)(2) addition to tax in his
answer, albeit while misciting that sectio…
IRCCourt RulingsSep 13, 1990related by meaning
as to utilize the estate tax unified credit to its fullest extent.
Kenneth G. Coveney, for the petitioner.
William H. Quealy, Jr., for the respondent. Nims, Chief Judge. Korner, Hamblen, Cohen, Clapp, Swift, Wright, Parr, and Colvin, JJ., agree with the majority. Chabot, J., concurring *88 in the result. Hamblen and Wh…
24 T.C. 460 — Northwest Automatic Products Corp. v. United States IRCCourt RulingsJun 23, 1955related by meaning
a determination of whether we had jurisdiction or not once it should be held that the method prescribed by statute is not the exclusive method. * * * See also, Henry Wilson, 16 B. T. A. 1280 (1929); William M. Greve, 37 B. T. A. 450 (1938); John A. Gebelein, Inc., 37 B. T. A. 605 (1938); Oscar Block, 2 T. C. 761 (1943…
88 FR 78134 — Income and Currency Gain or Loss With Respect to a Qualified Business Unit IRCProposed Rules (FR)Proposed Nov 14, 2023
…section 958(b)(1)) applies in determining ownership of a controlled foreign corporation and section 318(a) applies in determining ownership of other corporations, except that in applying section 318(a)(2)(C), the phrase “10 percent” is used instead of the phrase “50 percent.”
(ii) An interest in a partnership (whether …