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61. T.C. Memo. 1998-30 — Brian J. Patrick v. Commissioner
    IRCCourt RulingsJan 26, 1998
    …-docket No. 26419-96 : Additions to Tax Sec. Sec. Year Deficiency 6651(a)(1) 6654 1992 $221,831 $55,458 $9,679 1993 11,647 2,912 488 1994 9,248 2,312 476 Brian J. Patrick--docket No. 26420-96 : Additions to Tax Sec. Sec. Year Deficiency 6651(a)(1) 6654 1992 $53,128 $13,157 $2,294 1993 5,701 1,425 239 1994 7,421 1,855 3…
62. T.C. Memo. 1995-470 — Harold L. & Gladys M. Humberson v. Commissioner
    IRCCourt RulingsOct 3, 1995
    … affd. without published opinion 614 F.2d 1294 (2d Cir. 1979); Green v. Commissioner , 59 T.C. 456, 458 (1972). A fortiori, explications of such publications by a Maryland State agency are - 14 - 12 We observe that the IRS publications and the explications thereof by the State agency are consistent with our analysis as…
63. T.C. Memo. 2002-17 — Angela C. Morris v. Commissioner
    IRCCourt RulingsJan 16, 2002related by meaning
    470 in petitioner's deductions, a $144 decrease in petitioner's withholding credits, and the imposition of the section 72(t) additional tax of $1,283. Petitioner timely filed a Form 8857, Request for Innocent Spolse Relief, seeking equitable relief from liability under the provisions of section 66(c). Respondent determ…
64. T.C. Summary Opinion 2016-52 — Bruce W. Peterson & Lisa A. Peterson v. Commissioner
    IRCCourt RulingsSep 1, 2016
    … aff'd without published opinion, 614 F.2d 1294 (2d Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458 (1972). - 10 - under section 72(t).° Petitioner was 60 years old when he received the Forethought distribution; therefore, the additional tax under section 72(t) does not apply. Petitioner has confused an exception t…
65. T.C. Memo. 2024-16 — Lonnie Wayne Hubbard v. Commissioner
    IRCCourt RulingsFeb 6, 2024related by meaning
    e funds ) . 14 [* 14] Moreover, we disagree with petitioner that Larotonda was abrogated by the repeal of section 72(m)(4). Former section 72(m)(4)(A) was replaced by section 72(p) (1)(B), which is substantially similar to section 72(m)(4)(A). 7 In addition, this Court has continued to cite Larotonda as binding precede…
66. T.C. Memo. 2012-300 — Churchill, LTD. Employee Stock Ownership Plan & Trust v. Commissioner
    IRCCourt RulingsOct 25, 2012
    …. v. Schoonejongen, 514 U.S. 73, 83 (1995); H.R. Rept. No. 93-1280, at 297 (1974), 1974-3 C.B. 415, 458. A generic statement in a plan that indicates that it complies with the Internal Revenue Code or even a specific section thereof does not adequately meet the congressional mandate. -13-
67. 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…
68. T.C. Summary Opinion 2004-135 — Charlotte Marie Scott v. Commissioner
    IRCCourt RulingsSep 30, 2004
    …ithout published opinion 614 F.2d 1294 (2d Cir. 1979) ; Green v. - 11 - Commissioner , 59 T.C. 456, 458 (1972) . We have applied the relevant statute, and we have concluded that respondent correctly applied the law in this case. Respondent’s imposition of the additional tax is sustained. Reviewed and adopted as the rep…
69. 92 T.C. 641; 92 T.C. No. 35 — Buzzetta Constr. Corp. v. Commissioner
    IRCCourt RulingsMar 27, 1989related by meaning
    oyee contributions (whether voluntary or mandatory), to the extent that the return would reduce the excess amounts in the participant’s account. * * * The Commissioner is required to abide by regulations reasonably based on statute, and his failure to do so will amount to an abuse of discretion. Lansons, Inc. v. Commis…
70. T.C. Summary Opinion 2004-88 — Alphonse M. & Doris Esposito v. Commissioner
    IRCCourt RulingsJun 30, 2004
    …ral tax law are the statutes, regulations, and case law. Green v. Commissioner , 59 - 4 - T.C. 456, 458 (1972). The statutory framework is clear that section 72(t)(2)(E) does not apply, and respondent is sustained. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision wil…
71. T.C. Memo. 2020-5 — Ed Thielking, Inc. v. Commissioner
    IRCCourt RulingsJan 9, 2020
    …choonejongen, 514 U.S. 73, 83 (1995); H.R. Conf. Rept. No. 93-1280, at 297 (1974), 1974-3 C.B. 415, 458. A qualification failure pursuant to section 401(a) is a continuing failure because allowing a plan to requalify in subsequent years would allow a plan "to rise phoenix-like from the ashes of such disqualification an…
72. T.C. Summary Opinion 2016-40 — Paul Parisi v. Commissioner
    IRCCourt RulingsAug 9, 2016related by meaning
    CZ T.C. Summary Opinion 2016-40 UNITED STATES TAX COURT PAUL PARISI, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 26257-13S. Filed August 9, 2016. Paul Parisi, pro se. Lauren B. Epstein and Randall B. Childs, for respondent. SUMMARY OPINION VASQUEZ, Judge: This case was heard pursuant to the pr…
73. 111 T.C. No. 20 — Dona Elizabeth Conway v. Commissioner
    IRCCourt RulingsDec 30, 1998
    …aper Corp. & - 12 - Subsidiaries v. Commissioner , 699 F.2d 450, 453 (8th Cir. 1983), affg. 78 T.C. 458 (1982). Under certain circumstances, we may estimate costs and allowable deductions. Cohan v. Commissioner , 39 F.2d 540, 543-544 (2d Cir. 1930). The estimates, however, must have a reasonable evidentiary basis. Vani…
74. T.C. Memo. 1996-502 — Elaine S. Bennett v. Commissioner
    IRCCourt RulingsNov 7, 1996related by meaning
    T.C. Memo. 1996-502 UNITED STATES TAX COURT ELAINE S. BENNETT, Petitioner v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8545-96. Filed November 7, 1996. Vernon E. Robbins , for petitioner. Alan R. Peregoy , for respondent. MEMORANDUM OPINION DAWSON, Judge : This case was assigned to Special Trial Judge Ro…
75. 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…
76. T.C. Memo. 2007-292 — Hubert Joubert v. Commissioner
    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…
77. 121 T.C. No. 19 — Fortunato J. Mendes v. Commissioner
    IRCCourt RulingsDec 11, 2003
    …with clearly expressed congressional intent to the contrary, Griffin v. Oceanic Contractors, Inc. , 458 U.S. 564, 571 (1982), Peaden v. Commissioner , 113 T.C. 116, 122 (1999), or results in an outcome so absurd “as to shock the general moral or common sense”, Tele-Communications, Inc. v. Commissioner , 95 T.C. 495, 50…
78. 73 T.C. 40 — La Fargue v. Commissioner
    IRCCourt RulingsOct 10, 1979related by meaning
    es, an unreported case (N.D. Ala. 1956, 52 AFTR 1222, 57-1 USTC par. 9377), affd. 251 F.2d 436 (5th Cir. 1958). Compare Edgar v. Commissioner, 56 T.C. 717, 759 (1971), where the taxpayers were denied the benefit of certain partnership losses allocable to corpus, because they were found to be the grantor-owners only to …
79. T.C. Memo. 2011-105 — Mark E. Warmoth v. Commissioner
    IRCCourt RulingsMay 19, 2011
    …ported loans to shareholders as follows: Year Loan amount 2002 $1,205,325 2003 2,019,153 2004 3,421,458 During, the years at issue Mr. Warmoth was Weekend Warrior's only shareholder.