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61. T.C. Memo. 2013-42 — Roger Phillips v. Commissioner
    IRCCourt RulingsFeb 7, 2013
    …reasonably expected step in order to roll over his lump-sum distribution as required by law. Id. at 122. We held that the bookkeeping error did not preclude rollover treatment because the taxpayer had, in substance, satisfied the statutory requirements. Id. at 122-123. By contrast, in Schoof v. Commissioner, 110 T.C. a…
62. T.C. Memo. 2009-263 — James A. & Linda A. Willhite v. Commissioner
    IRCCourt RulingsNov 18, 2009
    …elvering , 290 U .S . 111, 115 (1933) . The parties submitted this case fully stipulated under Rule 122 . That this case was submitted fully stipulated does-not change the burden, or the effect of a failure of proof . See Rule 122(b) ; Borchers v . Commissioner , 95 T .C . 82, 91 (1990), affd . 943 F .2d 22 (8th Cir . …
63. 121 T.C. No. 14 — Jimmy D. & Marlene M. Morloc Weaver v. Commissioner
    IRCCourt RulingsOct 8, 2003
    … Welch v. Helvering , 290 U.S. 111, 115 (1933). The submission of this case to the Court under Rule 122 does not change or otherwise lessen petitioners’ burden of proof. Rule 122(b); Kitch v. Commissioner , 104 T.C. 1, 5 (1995), affd. 103 F.3d 104 (10th Cir. 1996). Whereas in certain cases section 7491(a) shifts the bu…
64. 76 T.C. 433 — Ralph Gano Miller (Corp.) v. Commissioner
    IRCCourt RulingsMar 17, 1981related by meaning
    implement the congressional mandate in some reasonable manner.’ ” (Citations omitted.) Commissioner v. Portland Cement Co. of Utah, 450 U.S. _ (1981). H. Rept. 2333,77th Cong., 1st Sess. (1942), 1942-2 C.B. 372,413; S. Rept. 1631, 77th Cong., 2d Sess. (1942), 1942-2 C.B. 541, 606-607. The specific changes made by Congr…
65. T.C. Memo. 2008-17 — Herbert & Christine Bangs v. Commissioner
    IRCCourt RulingsJan 31, 2008
    …nalty under section 6662(a) . OPINION The parties submitted these cases fully stipulated under Rule 122 . That the parties submitted these cases under that Rule does not affect who has the burden of proof or the effect of a 'For convenience, we shall generally refer hereinafter only to Ms . Platt, and not to Mr . Platt…
66. T.C. Memo. 1998-245 — Richard Raymond Raush v. Commissioner
    IRCCourt RulingsJul 6, 1998
    …pital asset held for more than 1 year. Sec. 1.402(a)-1(b)(1)(i), Income Tax Regs.; see Rev. Rul. 81-122, 1981-1 C.B. 202; see also Notice 9824, 1998-17 I.R.B. 5. The amount of the gain which exceeds the NUA at the time of distribution constitutes short-term capital gain, since petitioner's post-distribution holding per…
67. T.C. Memo. 2025-1 — Matthew D. Hutcheson & Annette Hutcheson v. Commissioner
    IRCCourt RulingsJan 2, 2025
    … the lender retained possession of the note and recorded an assignment . Mr. Hutcheson transferred $122,402 of the loan proceeds to G Fid’s account to enable it to make plan distributions . A s discussed further below , Mr. Hutcheson was facing extreme pressure from plan participants as well as Daniel Peterson , an exe…
68. T.C. Memo. 2020-151 — Scott Lashua v. Commissioner
    IRCCourt RulingsNov 9, 2020
    …une 4, 2019. On March 6, 2020, the parties submitted a joint motion to submit case pursuant to Rule 122, which the Court granted. Discussion Generally, the Commissioner's determination of a deficiency is presumed correct, and the taxpayer bears the burden of proving it is erroneous.2 Rules 142(a), 122(b); Welch v. Helv…
69. T.C. Memo. 2005-192 — Arthur F. Millard v. Commissioner
    IRCCourt RulingsAug 8, 2005related by meaning
    as provided in paragraphs (3) and (4), paragraph (1) shall not apply to any of the following distributions: (A) In general.--Distributions which are-- (i) made on or after the date on which the employee attains age 59 1/2, (ii) made to a beneficiary (or to the estate of the employee) on or after the death (continued...…
70. U.S. Tax Court — Jeffrey S. Carter & Kandie Anderson v. Commissioner
    IRCCourt RulingsApr 17, 2012
    …and tornadoes in 2007. Food, Conservation, and Energy Act of 2008, Pub. L. No. 110i246, sec. 15345, 122 Stat. at 2282. Section 1400Q was again extended to the Midwestern Disaster Area damaged by severe storms, tornadoes, and flooding in 2008. Emergency Economic Stabilization Ac of 2008, Pub. L. No. 110-343, sec. 702, 1…
71. T.C. SUMMARY OPINION 2020-12 — Edwin D. Benton & Sheila E. Benton v. Commissioner
    IRCCourt RulingsMar 11, 2020related by meaning
    little more than guesswork and failed to satisfy the strict substantiation requirements for vehicle expenses prescribed in section 274(d) and related regulations. As noted above the Court may not use the rule established in Cohan v. Commissioner, 39 F.2d at 543-544, to estimate expenses covered by section 274(d). Cons…
72. 157 T.C. No. 10 — Andrew McNulty & Donna McNulty v. Commissioner
    IRCCourt RulingsNov 18, 2021
    …unded. - 3 - Background The parties have subm itted this case for decision without trial under Rule 122. The facts have been stipulated or are otherwise undisputed and included in the record. See Rule 122(a). Petitioners resided in Rhode Island when they tim ely filed their petition. They resided there during the years…
73. 97 T.C. 51; 97 T.C. No. 4 — Darby v. Commissioner
    IRCCourt RulingsJul 24, 1991related by meaning
    tever source derived, including (but not limited to) the following items: ******* (11) Pensions; SEC. 451. GENERAL RULE FOR TAXABLE YEAR OF INCLUSION. (a) General Rule. — The amount of any item of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under th…
74. T.C. Memo. 2011-106 — Fredric J. & Dushanka Lowe v. Commissioner
    IRCCourt RulingsMay 19, 2011related by meaning
    b) (2) and 72. See Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-843 (1984). II. Application of Sections 402(b) (2) and 72 Because we have found that section 402(b) (2) controls the tax consequences of the policy distributed to petitioners, -we now turn our attention to that section to deter…
75. 127 T.C. No. 1 — Charlotte & Charles T. Gee v. Commissioner
    IRCCourt RulingsJul 24, 2006
    …old that they are not . Background This case was submitted to the Court fully stipulated under Rule 122 .2 The stipulation of facts and the accompanyin g 'All section references are to the Internal Revenue Code (Code) in effect for the year at issue, unless otherwise indicated, and all Rule references are to the Tax Co…
76. 108 T.C. No. 5 — George & Elam Campbell v. Commissioner
    IRCCourt RulingsFeb 18, 1997related by meaning
    l section references are to the Internal Revenue Code in effect for 1991, the taxable year in issue. All Rule references are to the Tax Court Rules of Practice and Procedure. 2 Sec. 4980A imposes a 15-percent excise tax on excess distributions from qualified retirement plans. This tax is included within ch. 43 of the I…
77. T.C. Memo. 2005-171 — Sylvia A. Duncan v. Commissioner
    IRCCourt RulingsJul 12, 2005
    …d from December 3 through 16, the last period paid in 2000. In accordance with the loan agreement, $122.67 was withheld from her pay as a payment on the loan. On December 26, 2000, petitioner’s employment with USAA was terminated. On January 2, 2001, petitioner was paid for the period from December 17, 2000, through he…
78. 59 T.C. 598; 59 T.C. No. 59 — Thriftimart, Inc. v. Commissioner
    IRCCourt RulingsJan 31, 1973related by meaning
    for any payment of any specific amount to any employee until the conditions of that employee having medical services or being away from work occurred. In Simplified Tax Records, Inc., 41 T.C. 75, 79 (1963), in disallowing a deduction to the taxpayer for a reserve for the estimated future cost of preparing subscribers’ …
79. T.C. Memo. 2002-171 — J. Kelly & Martha L. Anderson v. Commissioner
    IRCCourt RulingsJul 19, 2002
    …g error did not disqualify the taxpayer’s transfer of his IRA funds as a valid IRA rollover. Id. at 122. The Court stated that Congress did not intend “to deny rollover benefits to taxpayers on the basis that a financial institution or other qualified IRA trustee made a mistake in recording a transaction.” Id. at 122. …
80. T.C. Memo. 2022-100 — Donald Furrer & Rita Furrer v. Commissioner
    IRCCourt RulingsSep 28, 2022related by meaning
    es applicable t o annuity distributions from CRATs. Thus, to the extent sections 72 and 664 called for different treatment, section 664 would control. Second, section 7 2 do es not call for different treatment. Section 72(b)(1) allows an exclusion from income only to the extent the taxpayer has an “investment in the co…