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61. 144 T.C. No. 9 — Ralim S. El v. Commissioner
    IRCCourt RulingsMar 12, 2015
    …balis v. Commissioner, 142 T.C. 46, 55 (2014) (citing Pen Coal Corp. v. Commissioner, 107 T.C. 249, 256, 258 (1996)). - 13 - and collected as taxes but are not themselves taxes or surtaxes.¹¹ See Pen Coal Corp. v. Commissioner, 107 T.C. 249, 258 (1996) ("As our detailed analysis of section 6214(a) and its legislative h…
62. 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…
63. 39 T.C. 362 — Wilson v. Commissioner
    IRCCourt RulingsNov 6, 1962related by meaning
    ay pain us, but it cannot alter our decision where unconstitutionality has not been clearly demonstrated. Decision will be entered for the respondent. Loss of some right, privilege, estate, honor, office, or effects, In consequence of a crime, offense, breach of condition, or other act. Thls section was originally desi…
64. T.C. Summary Opinion 2011-16 — Paulette A. & Matthew D. Malena v. Commissioner
    IRCCourt RulingsFeb 24, 2011
    …); Janis v. Commissioner, T.C.. Memo. 2004-117, affd. 461.F.3d 1080 (9th Cir. 2006), affd. 469 F.3d 256 (2d Cir. 2006). In the instant case, respondent has satisfied his burden of production because the record demonstrates.the presence of a substantial understatement of income tax attributable to, inter alia, unreporte…
65. 85 T.C. 1031; 85 T.C. No. 60 — Anesthesia Service Medical Group, Inc. v. Commissioner
    IRCCourt RulingsDec 24, 1985related by meaning
    an invalid restriction on the statute. The Supreme Court has articulated the following standard for determining the validity of Treasury regulations: regulations command our respect, for Congress has delegated to the Secretary of the Treasury, not to this Court, the task "of administering the tax laws of the Nation.” …
66. U.S. Tax Court — James Thomas & Susan Jane Colegrove v. Commissioner
    IRCCourt RulingsApr 13, 2010
    …exceptions enumerated in section 72(t) . See, e .g ., Arnold v . Commissioner , 111 T .C . 250, 255-256 (1998) ; Schoof v . Commissioner , 110 T .C . 1, 11 (1998) . Although we acknowledge that Mr . Colgrove used his distribution for entirely reasonable purposes, absent some constitutional defect we are constrained to …
67. 132 T.C. No. 15 — Gregory T. & Kim D. Benz v. Commissioner
    IRCCourt RulingsMay 11, 2009
    …ers the recapture tax under section 72(t)(4) . .'In Arnold v . Commissioner , 111'T .C . . 250, 255-256 (1998), the Court held that an additional distribution that,did not qualify for a statutory exception was an impermissible modification=to a series of substantially equal periodic payments . In Arnold , we stated : "…
68. 29 C.F.R. § 4907.112-4907.129 — [Reserved]
    PBGCRegulationsJan 1, 2017related by meaning
    [Reserved]
69. T.C. Summary Opinion 2007-187 — Wayne Smith v. Commissioner
    IRCCourt RulingsNov 1, 2007
    …, thus triggering the recapture tax under section 72(t)(4) . Arnold v . Commissioner , supra at 255-256 . In Novak , the Court of Appeals for the Ninth Circuit examined whether the IRS possessed the power to levy upon an ERISA account to compensate the victims of the defendant's
70. T.C. Summary Opinion 2006-184 — William Edward & Patricia Marie Colombell v. Commissioner
    IRCCourt RulingsNov 30, 2006related by meaning
    ted States , 68 Fed. Cl. 177, 188 (2005) (quoting Marsh & McLennan Cos. v. United States , supra , at 1381). Rather, we must apply the language of the relevant provisions, as written. See Commissioner v. Lundy , 516 U.S. 235, 252 (1996) (courts are “bound by the language of the statute as it is written”); Badaracco v. …
71. T.C. Summary Opinion 2006-177 — Richard D. Smart v. Commissioner
    IRCCourt RulingsOct 25, 2006
    …exceptions enumerated in section 72(t) . See, e .g ., Arnold v . Commissioner , 111 T .C . 250, 255-256 (1998) ; Schoof v . Commissioner , 110 T .C . 1, 11 (1998) . Although we acknowledge that petitioner used his distributions for entirely reasonable purposes, absent some constitutional defect we are constrained to ap…
72. 101 T.C. 189; 101 T.C. No. 12 — Lee Eng'g Supply Co. v. Commissioner
    IRCCourt RulingsAug 30, 1993related by meaning
    ferences are to the Internal Revenue Code in effect for the years in issue, and Rule references are to the Tax Court Rules of Practice and Procedure.↩ 1. To be determined.↩ 2. The $ 53 difference between the $ 6,853 amount appearing on the FYE 1985 Form 5500-C and the $ 6,800 amount appearing in the statutory notice of…
73. T.C. Memo. 2001-55 — Taylor Miller v. Commissioner
    IRCCourt RulingsMar 6, 2001
    …subsequently held not to apply retroactively. See Landgraf v. USI Films Prods. , 511 U.S. 244, 249, 256, 286 (1994). Thus, respondent should have considered petitioner’s claim in the light of the pre-1991 version of the Act under which she made claim, which arose in 1977. See Clark v. Commissioner , T.C. Memo. 1997156.…
74. 95 T.C. 289; 95 T.C. No. 22 — Estate of Levitt v. Commissioner
    IRCCourt RulingsSep 13, 1990related by meaning
    ); Liberty National Bank & Trust Co. v. United States, 867 F.2d 302, 304↩ (6th Cir. 1989) (the laws of Kentucky control the construction of the will). 3. Our opinion in Estate of Blair preceded the decisions of the Sixth and Tenth Circuits, respectively, in Liberty National Bank & Trust Co. v. United States, supra, and…
75. T.C. Memo. 2017-186 — Joe Pokawa & Nancy Fatoma v. Commissioner
    IRCCourt RulingsSep 21, 2017
    …chinery, and equipment. The 2013 Schedule C for 1st Class Tax Services reported gross income of $12,256 and total expenses of $9,190 for, among other things, advertising, car and truck, and meals and entertainment. The 2013 Schedule C for Sierra Outreach Center reported gross income of $3,060 and total expenses of 4The…