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86 documents · 0.21sAllIRCERISAPBGCJoint Board
  1. 35 T.C. 1217 — Searl v. Commissioner
    IRCCourt RulingsMar 31, 1961related by meaning
    ntract” as meaning the entire contract, especially since Congress, when it wished to delineate the annuity feature of the contract, did so explicitly. Although admitting that the interpretation proposed by petitioner is not without merit, we hold that section 72(d) applies only when the entire consideration furnished b…
  2. PLR 201105005 — Annuities: Endowment and Life Insurance (Included v. Not Included in Gross Income)
    IRCPrivate Letter RulingsFeb 4, 2011
    …Owner’s adjusted basis in the Certificate under § 1011. See , e.g. , Rev. Rul. 2003-76, 2003-2 C.B. 355 (addressing the allocation of the investment in the contract and the basis in the contract after the exchange of a portion of an annuity contract under § 1035(a)(3)). Request ed Ruling #5 For the reasons explained wi…
  3. 160 T.C. No. 3 — 3M Company and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 9, 2023related by meaning
    ory change was discussed in the “Introduction” portion of the preamble to Treasury Decision 8470. 58 Fed. Reg. 5264. Treasury Decision 8470 was issued the same day as the notice of proposed rulemaking , January 21, 1993, setting forth the proposed regulations on foreign legal restrictions. T.D. 8470, 58 Fed. Reg. 5310;…
  4. PLR 201105004 — Annuities: Endowment and Life Insurance (Included v. Not Included in Gross Income)
    IRCPrivate Letter RulingsFeb 4, 2011
    …wner’s adjusted basis in the Certificate under § 1011. See , e .g. , Rev. Rul. 2003-76, 2003-2 C.B. 355 (addressing the allocation of the investment in the contract and the basis in the contract after the exchange of a portion of an annuity contract under § 1035(a)(3)). Requested Ruling #3 Under § 1(h)(11)(A), for pu r…
  5. T.C. Memo. 1996-265 — Harold E. & Anna Mae Emmons v. Commissioner
    IRCCourt RulingsJun 11, 1996related by meaning
    1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable year in issue, and all Rule references are to the Tax Court Rules of T.C. Memo. 1996-265 UNITED STATES TAX COURT HAROLD E. EMMONS AND ANNA MAE EMMONS, Petitioners v . COMMISSIONER OF INTERNAL REVENUE, Respond…
  6. PLR 200935033 — Exclusive Benefit of Employees or Their Beneficiaries
    IRCPrivate Letter RulingsAug 28, 2009
    …and the answer was no. See the attached TAM 9146005 and Alfred E. Gallade v. Commissioner, 106 T.C. 355 (1996) that discuss the issue. Concerning the procedure for waiving the 4971(b) tax see the attached Rev. Proc. 2000-17, 2000-11 I.R.B. 7 66. If there is anything else you can call me at ---------------------- or e-m…
  7. 86 T.C. 980; 86 T.C. No. 60 — Estate of Rosenberg v. Commissioner
    IRCCourt RulingsMay 19, 1986related by meaning
    4); Estate of English v. Commissioner, T.C. Memo. 1985-549, 50 T.C.M. 1362, 54 P-H Memo T.C. par. 85,549. Decision will he entered for the respondent. While the constitutional issue was the only argument raised in the petition with respect to the dispute over inclusion of the lump-sum payment, we deal also with the two…
  8. T.C. Summary Opinion 2006-184 — William Edward & Patricia Marie Colombell v. Commissioner
    IRCCourt RulingsNov 30, 2006related by meaning
    so. Despite the fact that Mrs. Colombell received no tax benefit whatsoever from her “participation” in Inova’s retirement plan, the Court is not free to rewrite the law. See, e.g., Hildebrand v. Commissioner , 683 F.2d 57, 59 (3d Cir. 1982), affg. T.C. Memo. 1980-532; Johnson v. Commissioner , 661 F.2d 53, 54-55 (5th …
  9. 82 T.C. 843; 82 T.C. No. 65 — Green v. Commissioner
    IRCCourt RulingsMay 30, 1984related by meaning
    was that it was "clarifying” the "existing” law by rejecting respondent’s position regarding the applicability of sec. 403 to public school employees. Neither party has advanced any argument herein based upon the legislative history of sec. 403(b) and of sec. 2039(c). Nor was this legislative history considered in Esta…
  10. T.C. Memo. 2023-140 — Kunjlata J. Jadhav & Jalandar Y. Jadhav v. Commissioner
    IRCCourt RulingsNov 21, 2023
    …ated, $110,000. We find that KJJJ paid J YJ $110,000 in purported marketing fees in 2017. 10 Total $355,320 $456,000 $350,517 $308,281 After deducti ng its reported expenses , KJJJ reported ordinary business income of $10, 945 , $247,592, $104,944 , and $268,563 for 2014,
  11. 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 …
  12. 85 T.C. 168; 85 T.C. No. 10 — Eanes v. Commissioner
    IRCCourt RulingsJul 30, 1985related by meaning
    is accruing benefits under the plan even if he has only forfeitable rights to those benefits. [H. Rept. 93-807 (1974), 1974-3 C.B. (Supp.) 236, 364.] While the result to petitioner seems harsh, we cannot ignore the plain language of the statute and, in effect, rewrite this statute to achieve what would appear to be an…
  13. T.C. Memo. 2000-41 — David Edward Neumeister v. Commissioner
    IRCCourt RulingsFeb 8, 2000
    …dual “does not participate in any other tax-supported retirement plan”); H. Conf. Rept. 93-1280, at 355 (1974), 1974-3 C.B. 415, 496-498. Thus, active participants of tax-advantaged plans with income above various levels are denied completely the tax deduction that is provided by section 219 to individuals who are not …
  14. T.C. Summary Opinion 2006-74 — Charles M. Rideaux v. Commissioner
    IRCCourt RulingsMay 3, 2006
    …F .2d 1059 (7th Cir . 1982), affg . T .C . Memo . 1981-407) ; Stricker v . Commissioner , 54 T .C . 355, 361-362 (1970), affd . 438 F .2d 1216 (6th Cir . 1971) . They lend guidance to the interpretation of "indefinite" in this case . An employment is for an indefinite duration if its termination is not foreseeable or i…
  15. T.C. Summary Opinion 2019-26 — Pascal Nsame & Lamiaa Msalka v. Commissioner
    IRCCourt RulingsSep 23, 2019related by meaning
    T.C. Summary Opinion 2019-26 PA UNITED STATES TAX COURT PASCAL NSAME AND LAMIAA MSALKA, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 11462-15S. Filed September 23, 2019. Pascal Nsame and Lamiaa Msalka, pro sese. Timothy B. Heavner and Mary Ann Waters, for respondent. SUMMARY OPINION COLVIN, Ju…
  16. T.C. Memo. 1998-336 — Robert A. & Laverne M. Hall v. Commissioner
    IRCCourt RulingsSep 22, 1998related by meaning
    te minus amounts received before such date to the extent excludible from gross income. Sec. 72(e)(6). The remainder of petitioner's distribution after determination of the nontaxable amount represents the payment to him of income and as the parties have agreed is subject to the 10-percent premature distribution tax und…
  17. T.C. Summary Opinion 2004-146 — Jack A. & Theresa Y. Smith v. Commissioner
    IRCCourt RulingsOct 21, 2004related by meaning
    T.C. Summary Opinion 2004-146 UNITED STATES TAX COURT JACK A. AND THERESA Y. SMITH, Petitioners v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 11507-02S. Filed October 21, 2004. Randy P. Zinna , for petitioners. Brenda Fitzgerald , for respondent. PAJAK, Special Trial Judge : This case was heard pursuant t…
  18. T.C. Memo. 2018-49 — Stacey S. Marks v. Commissioner
    IRCCourt RulingsApr 10, 2018related by meaning
    bution out of an IRA that is then paid into another IRA owned by the same owner within 60 days. Id. Under section 408(e)(2)(A), if an IRA engages in a prohibited transaction, the account ceases to be an IRA as of the first day of the taxable year in which the prohibited transaction occurs. - 4 - [*4] Respondent's posit…
  19. T.C. Memo. 1997-319 — James B. & Joan E. Murtaugh v. Commissioner
    IRCCourt RulingsJul 9, 1997
    …ayment 1987 5/11/95 $5,515 $7,208 $1,693 1988 5/13/95 5,366 10,328 4,952 1990 1/15/96 5,564 6,919 1,355 1990 2/26/96 6,709 6,919 210 1990 3/15/96 5,942 6,919 977 1991 5/15/95 2,321 3,039 718 1992 5/16/95 0 2,563 2,563 The parties agree that if respondent prevails on the issues as stated below, the revised deficiencies …
  20. 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…