Search the Pension Law Library

61. 105 T.C. 141; 105 T.C. No. 12 — Brotman v. Commissioner
    IRCCourt RulingsAug 24, 1995related by meaning
    drawn therefrom), but that, if such order were not a QDRO, petitioner’s ex-husband and not petitioner would be taxable in respect of the distribution. As will subsequently become apparent, such all-or-nothing treatment will not necessarily flow from our decision herein. Indeed, the road to decision herein is a rocky on…
62. 34 T.C. 851 — West Virginia Steel Corp. v. Commissioner
    IRCCourt RulingsAug 15, 1960related by meaning
    ty is computed on the net amount of tax due on the return rather than on the gross amount of tax required to be shown on the return. [Emphasis added.] Beyond the bare assertion just quoted, we have discovered no authority in support of the existence of the alleged “administrative rule.” Of course, it would seem reasona…
63. T.C. Memo. 2020-152 — Brett John Ball v. Commissioner
    IRCCourt RulingsNov 10, 2020
    …sioner, 141 T.C. 569, 576 (2013). In some cases the general rule is inapplicable. See, e.g., id. at 582 (holding that a taxpayer is not a payee or distributee within meaning of section 408(d)(1) with respect to improper withdrawals from his IRA account without his knowledge by his soon-to-be divorced spouse). However: …
64. T.C. Memo. 1997-346 — William L. Reese v. Commissioner
    IRCCourt RulingsJul 29, 1997related by meaning
    rences are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issues for decision are (1) whether a pension plan distribution to petitioner is taxable pursuant to section 402(a)(1) and whether petitioner is liable for a 10-perc…
65. 100 T.C. 216; 100 T.C. No. 15 — Halliburton Co. v. Commissioner
    IRCCourt RulingsMar 24, 1993related by meaning
    accordingly treated the number of IMCO transferees as 437. The parties agree that the forfeitures constituted only 4.8 percent of plan assets in 1986. We note that the Court of Appeals for the Third Circuit has indicated that a partial termination should be found only if the reductions in participation are so large tha…
66. 92 T.C. 376; 92 T.C. No. 24 — Foil v. Commissioner
    IRCCourt RulingsFeb 22, 1989related by meaning
    o any participant which exceed the limitations of section 415(b). Paragraph (1) of subsection (d) shall not apply for purposes of this subparagraph.”. (c) Effective Date. — The amendments made by this section shall apply to taxable years beginning after December 31, 1978. [Senate Amendment to H.R. 4961, July 23 (legisl…
67. 101 T.C. 215; 101 T.C. No. 15 — Clark v. Comm'r
    IRCCourt RulingsSep 14, 1993related by meaning
    r in the computation of the sec. 72(t) tax, her petition raised the issue whether she should have been subject to any additional tax under sec. 72(t). Sec. 402(e)(1) has been redesignated sec. 402(d) by the Unemployment Compensation Amendments of 1992, Pub. L. 102-318, sec. 521(a) and (b), 106 Stat. 290, 300-310, 313, …
68. 161 T.C. No. 6 — Estate of James E. Caan, Deceased, Jacaan Administrative Trust, Scott Caan, Trustee, Special Administrator v. Commissioner
    IRCCourt RulingsNov 14, 2023
    …ssello v. United States, 464 U.S. 16, 23 (1983))); see also Henson v. Santander Consumer USA Inc. , 582 U.S. 79, 85 – 86 (2017) (same). The text of section 408(d)(3)(A)(i), the legislative history behind section 408(d)(3), our caselaw, and the regulations all make clear that Mr. Caan was required to contribute the P&A …
69. 61 T.C. 605; 61 T.C. No. 65 — Estate of Silverman v. Commissioner
    IRCCourt RulingsFeb 4, 1974related by meaning
    be communicated to Participant by the Committee to the Trustee, and the Trustee upon receipt thereof, shall adopt such selection and comply therewith. 3. If the employment of any Participant is terminated and Participant is reemployed by the Corporation or the Subsidiary, he shall be deemed under all provisions of this…
70. 145 T.C. No. 1 — John A. Tomassetti & Cathy C. Tomassetti v. Commissioner
    IRCCourt RulingsJul 13, 2015
    … Accuracy-related penalties Year Deficiency Sec. 6662(a) Sec. 6662A 2005 $96,299 $19,260 -02006 133,582 26,716 -02007 136,910 -0- $45,584 Tomassettis, docket No. 12746-11 Accuracy-related penalties Year Deficiency Sec. 6662(a) Sec. 6662A 2005 $90,543 $18,109 -02006 122,376 24,475 -02007 125,325 -0- $42,593 The deficien…
71. 91 T.C. 769; 91 T.C. No. 49 — Estate of Christmas v. Commissioner
    IRCCourt RulingsOct 6, 1988related by meaning
    n of the transitional rule and denial of the unlimited marital deduction is, therefore, consistent with, and does not frustrate, congressional intent. Because we have concluded that the marital deduction provision in decedent’s will is a marital deduction formula to which section 403(e)(3) of ERTA applies, the marital …
72. T.C. Memo. 2017-125 — Jeremy Ray Summers v. Commissioner
    IRCCourt RulingsJun 26, 2017related by meaning
    t to "a former spouse * * * who is recognized by a domestic relations order as having a right to receive" a share of the proceeds. See sec. 414(p)(8). Second, the distribution was not made "pursuant to a qualified domestic relations order." Although Jeremy's petition for dissolution of marriage requested a 50-50 divisi…
73. 89 T.C. 287; 89 T.C. No. 25 — Larotonda v. Commissioner
    IRCCourt RulingsAug 13, 1987related by meaning
    tax under section 501(a), * * * such portion shall be treated as having been received by such owner-employee as a distribution from such trust. * * * Payment of Federal taxes by means of levy, distraint, or legal proceeding constitutes an involuntary payment or assignment. See In re Quakertown Shopping Center, Inc., 3…
74. T.C. Summary Opinion 2003-83 — Manuel Francisco Palomo & Jane Lyon Potter v. Commissioner
    IRCCourt RulingsJun 24, 2003related by meaning
    tract unless such amounts are specifically excluded from gross income under other provisions of chapter 1 of the Code. The burden is on petitioners to demonstrate that the payments in question fall into a specific statutory exclusion. See Commissioner v. Glenshaw Glass Co. , 348 U.S. at 429-431. Under section 72(t), a …
75. 58 T.C. 241 — Estate of Kleemeier v. Commissioner
    IRCCourt RulingsMay 8, 1972related by meaning
    computed. The repetitious reference to “the decedent” indicates that the statute is addressing itself to the particular decedent who was the employee. The statute does not refer to “a decedent” which might connote its applicability to any decedent whether or not that decedent was the employee for whom the annuity was p…
76. T.C. Summary Opinion 2013-51 — Martin Toombs v. Commissioner
    IRCCourt RulingsJun 25, 2013related by meaning
    However, under section 402(e)(1)(A), a former spouse is treated as the distributee with respect to distributions made to that spouse under a qualified domestic relations order (QDRO), and such distributions constitute taxable income 8 Sec. 402(a) provides, in relevant part, that "any amount actually distributed to any …
77. 53 T.C. 344 — Stewart v. Commissioner
    IRCCourt RulingsNov 26, 1969related by meaning
    rank B. Fry, 19 T.C. 461 (1952), affirmed per curiam 205 F. 2d 517 (C.A. 3, 1953). Thus petitioner was not separated from the service of his employer. Moreover, even assuming that petitioner could meet the first test of section 402(a) (2), his argument would fail, for he has failed to prove that the distribution in 196…
78. T.C. Memo. 2003-32 — Howard E. Clendenen v. Commissioner
    IRCCourt RulingsFeb 12, 2003
    …ispute. Further, for the corporation, respondent conceded: (1) The increase to taxable income of $7,582 for “Imputed Interest Income” for the taxable year ended June 30, 1988; and (2) the increase to taxable income of $7,498 for “Imputed Interest Income” for the taxable year ended June 30, 1989. Mr. Clendenen conceded:…
79. 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…
80. T.C. Memo. 2011-105 — Mark E. Warmoth v. Commissioner
    IRCCourt RulingsMay 19, 2011
    … Bass v. Commissioner, 50 T.C. 595, 600 (1968); see also Aldon Homes, Inc. v. Commissioner, 33 T.C. 582, 596-597 (1959). However, to be respected, the form the taxpayer chooses must be a viable business entity. In Moline Props., Inc. v. Commissioner, supra at 438-439, the Supreme Court observed: Whether the purpose be …