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61. 29 T.C. 737 — R. G. Le Tourneau, Inc. v. Administrator of General Services
    IRCCourt RulingsJan 30, 1958related by meaning
    t it was final and conclusive and not to be reopened except “upon a showing of fraud or malfeasance or a wilful misrepresentation of a material fact.” In view of the foregoing we conclude that the separate identity of the petitioner and the other two corporations must be recognized in these rebate proceedings. Section …
62. T.C. Memo. 2005-124 — Henry Uscinski and Jacqueline Uscinski v. Commissioner
    IRCCourt RulingsMay 25, 2005related by meaning
    s to expedite litigation and avoid the expense of unnecessary trials. Fla. Peach Corp. v. Commissioner , 90 T.C. 678, 681 (1988). A motion for summary judgment may be granted where there is no dispute as to a material fact and a decision may be rendered as a matter of law. See Rule 121. The moving party bears the burde…
63. T.C. Memo. 1996-435 — MIT 85; Bryen & Bryen, P.A., Tax Matters Partner v. Commissioner
    IRCCourt RulingsSep 25, 1996
    … 14112-89 Frank A. Pettisani 1982 12,344 and Lucille M. Pettisani 17236-89 James D. Cameron 1982 33,749 and Anita B. Cameron 26434-89 Intercoastal Management Co. 1982 312,775 and Subsidiaries 1983 471,918 27614-90 Donald P. Crescenzo 1980 23,903 and Kathleen Crescenzo 27125-91 Intercoastal Management Co. 1984 644,814 a…
64. T.C. Memo. 2004-130 — Ralf Zacky v. Commissioner
    IRCCourt RulingsMay 27, 2004
    …Sec. 6651(a)(1) 1996 $1,016 -- $254.00 1997 3,252 -- 813.00 1998 6,941 -- 1,735.25 1999 10,999 -- 2,749.75 2000 15,463 -- 3,865.75 2001 -- $124,079 12,398.00 We decide whether petitioner is liable for these amounts. We hold he is. Unless otherwise stated, section references are to the applicable versions of the Interna…
65. T.C. Summary Opinion 2002-15 — Bryan K. Gauthier v. Commissioner
    IRCCourt RulingsFeb 15, 2002related by meaning
    … was mailed during that month, the exact date, however, is unclear. Petitioner had not - 3 - 3 Sec. 7491(a) provides that the burden of proof as to a factual issue shifts to respondent if petitioner introduces credible evidence as to that issue. Assuming, but not deciding
66. T.C. Memo. 2002-17 — Angela C. Morris v. Commissioner
    IRCCourt RulingsJan 16, 2002related by meaning
    …nity property income.2 . 2 The facts are not in dispute and the issue is primarily one of law. Sec. 7491, concerning burden of proof, has no bearing on this issue. - 6 - Section 408(d) generally sets forth the tax treatment of distributions from IRA's as follows: . SEC. 408(d) Tax Treatment of Distributions.-- (1) In g…
67. 69 T.C. 750 — Orzechowski v. Commissioner
    IRCCourt RulingsFeb 22, 1978related by meaning
    g the petitioner’s contention, we conclude and hold that the petitioner’s contribution was an excess contribution to which section 4973 is applicable. Decision will be entered for the respondent. Reviewed by the Court. All statutory references are to the Internal Revenue Code of 1954, as in effect during the year in is…
68. T.C. Memo. 1998-216 — Estate of Suzanne W. Cullison, Deceased; J. Greg Cullison, Personal Representative v. Commissioner
    IRCCourt RulingsJun 17, 1998
    …y upon the buyer's full payment of the purchase price. See Ariz. Rev. Stat. Ann. secs. 33-741 to 33-749 (West 1990); see also Maciborski v. Chase Serv. Corp. , 161 Ariz. 557, 779 P.2d 1296, 1298-1299 (Ariz. Ct. App. 1989). 7 As indicated above, respondent's $1,360,724 valuation of the annuity is in accordance with the …
69. T.C. Memo. 1996-212 — Louis R. & Gregoria S. Gomez v. Commissioner
    IRCCourt RulingsMay 1, 1996related by meaning
    2(e)(2). Guilzon v. Commissioner , supra at 242-243; Shimota v. United States , supra at 523. Petitioners’ argument that double taxation will occur is without merit. Petitioner will recover his investment in the - 6 - CSRS tax-free. This recovery, however, will be spread over the life of the retirement annuity pursuant…
70. T.C. Memo. 1996-337 — Parker-Hannifin Corporation v. Commissioner
    IRCCourt RulingsJul 24, 1996
    …4.03 Employee contributions -0- $ 1,555,626.86 1,841,554.51 2,505,955.35 Interest earned 3 773.98 1,749,030.80 78,641.10 -0Benefits paid -0- 39,153,640.83 48,808,587.03 53,289,359.38 Ending balance 42,000,773.98 6,151,016.83 -0- -01 Represents the total of petitioner’s monthly contributions to the VEBA Trust. 2 Represe…
71. 48 T.C. 75 — Pepsi-Cola Niagara Bottling Corp. v. Commissioner
    IRCCourt RulingsApr 26, 1967
    …ned deficiencies in petitioner’s income tax for the years 1961, 1962, and 1963 in the amounts of $1,749.34, $1,614.46, and $2,327.03, respectively. The only issue remaining for decision is whether petitioner is entitled to deduct all or any part of its contributions to a trust established under a profit-sharing plan ad…
72. T.C. Memo. 1998-164 — Roland R. & Virginia A. Fox v. Commissioner
    IRCCourt RulingsMay 5, 1998
    …all the information. See United States v. Boyle , supra at 250; Leonhart v. Commissioner , 414 F.2d 749, 750 (4th Cir. 1969), affg. T.C. Memo. 1968-98; Ewing v. Commissioner , 91 T.C. 396, 423 (1988), affd. without published opinion 940 F.2d 1534 (9th Cir. 1991); Estate of Paxton v. Commissioner , 86 T.C. 785, 820 (198…
73. 73 T.C. 1142 — Home Interiors & Gifts, Inc. v. Commissioner
    IRCCourt RulingsMar 24, 1980
    …95.30 96,206.43 139,191.71 175,510 146,153 Total 456,841.30 747,783.75 1,081,239.17 1,361,176 1,135,749 Andrew J. Homer Salary $12,000.00 $12,000.00 $12,000.00 $12,000 $12,000 Commission 44,519.40 73,769.90 106,750.85 153,640 208,012 Bonus 5,651.94 8,576.99 11,875,09 17,984 21,910 Total 62,171.34 94,347.00 130,625.94 1…
74. 124 T.C. No. 10 — John Michael Dunkin v. Commissioner
    IRCCourt RulingsMar 31, 2005related by meaning
    e was entitled to the payments at issue here under community - 14 - 10 Sec. 402(a) provides: SEC. 402(a). Taxability of Beneficiary of Exempt Trust.-- Except as otherwise provided in this section, any amount actually distributed to any distributee by any employees’ trust described in section 401(a) which is exempt from…
75. 77 T.C. 881; 77 T.C. No. 62 — Achiro v. Commissioner
    IRCCourt RulingsOct 19, 1981
    …er requiring the shifting of the burden of proof. Estate of Jayne v. Commissioner, 61 T.C. 744, 748-749 (1974); McSpadden v. Commissioner, 50 T.C. 478, 492-493 (1968); Estate of Sharf v. Commissioner, 38 T.C. 15, 27-28 (1962). However, if the assertion in the amended answer either alters the original deficiency or requ…
76. T.C. Summary Opinion 2006-184 — William Edward & Patricia Marie Colombell v. Commissioner
    IRCCourt RulingsNov 30, 2006related by meaning
    1 Unless otherwise indicated, all subsequent section references are to the Internal Revenue Code in effect for 2002, the taxable year in issue. T.C. Summary Opinion 2006-184 UNITED STATES TAX COURT WILLIAM EDWARD AND PATRICIA MARIE COLOMBELL, Petitioners v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 23979…
77. 82 T.C. 152; 82 T.C. No. 14 — Baetens v. Commissioner
    IRCCourt RulingsJan 26, 1984
    …asury regulátions and do not invalidate a regulation lightly. See Bingler v. Johnson, 394 U.S. 741, 749-751 (1969); Commissioner v. South Texas Lumber Co., 333 U.S. 496 (1948). We are especially cautious since this regulation is long standing. However, the Supreme Court has invalidated Treasury regulations that are inc…
78. 83 T.C. 154; 83 T.C. No. 10 — Tipton & Kalmbach, Inc. v. Commissioner
    IRCCourt RulingsJul 25, 1984related by meaning
    cated, and all Rule references are to the Tax Court Rules of Practice and Procedure. See Tipton & Kalmbach, Inc. v. Commissioner, T.C. Memo. 1982-260. We note, however, that Congress in enacting ERISA appears to have adopted the facts and circumstances test of sec. 1.401-6(b)(2), Income Tax Regs., for determining wheth…
79. 93 T.C. 736; 93 T.C. No. 59 — Brown v. Commissioner
    IRCCourt RulingsDec 19, 1989related by meaning
    ps on questionable equitable considerations. The deficiency was correctly determined by the Commissioner. Decision will be entered for the respondent. Trial memoranda had previously been submitted by the parties, and the trial judge agreed to accept revised or amended trial memoranda as setting forth the arguments of t…
80. T.C. Summary Opinion 2001-148 — Patrick L. O'Brien v. Commissioner
    IRCCourt RulingsSep 21, 2001related by meaning
    , disability, a series of periodic payments, separation from service after attaining the age of 55, or for the purpose of medical expenses. Petitioner contends that the distribution is not subject to the section 72(t) additional tax because the distribution was made pursuant to a qualified domestic relations order. Sec…