IRCCourt RulingsAug 16, 2017related by meaning
en of proving that
those determinations are erroneous.4 See Rule 142(a); Welch v. Helvering, 290
U.S. I11, 115 (1933).
I. Section 72(t) Additional Tax Section 72(t)(1) imposes an additional tax on an early distribution from a
qualified retirement plan equal to 10% of the portion of the amount that is
includable in gros…
IRCCourt RulingsJan 30, 2007
…ner, 243 F.2d
954, 959 (4th Cir. 1957), affg. 26 T.C. 528 (1956); Law v.
Commissioner, 84 T.C. 985, 989 (1985). Rule 41(b) allows the
parties to amend their pleadings to conform with the evidence
presented at trial.' Whether a motion seeking an amendment to
Rule 41(b) provides in part:
(1) Issues Tried by Consent: When…
IRCCourt RulingsJan 26, 1984related by meaning
shall not apply to amounts described in clause (ii) of subparagraph (A) of section 72(mX5) to the extent that section 72(mX5) applies to such amounts. (J) Unrealized appreciation op employer securities. — In the case of any distribution including securities of the employer corporation which, without regard to the requi…
IRCCourt RulingsNov 25, 2008related by meaning
, after holding that the
taxpayer had no unpaid income tax for that year) ; Rowe v .
Commissioner , T .C . Memo . 2001-325 (holding that the Court has jurisdiction to review the Commissioner's denial of section
6015(f) relief from additions to tax and penalties) .
We hold that "taxes" in TRHCA section 408(c) includes t…
IRCCourt RulingsJun 24, 1996related by meaning
tance it is appropriate
for respondent to proceed against both petitioner and, in the
alternative, his former spouse for the tax liability arising out of the same transaction, even though the positions taken by
respondent may be inconsistent. See, e.g., Wiles v.
Commissioner
, supra
at 259; L.C. Bohart Plumbing & Heati…
IRCCourt RulingsApr 20, 2017
… subject to judicial review in a deficiency proceeding); Estate of Gardner v.
Commissioner, 82 T.C. 989, 1000 (1984) (holding that the Commissioner's denial
of a request under section 6081(a) to extend the time for filing an estate tax return
is subject to judicial review in a deficiency proceeding).
There is a strong …
IRCCourt RulingsSep 25, 1996related by meaning
toppel bars respondent's defense of the
asserted deficiencies arising from MIT 82's alleged activities in
the taxable years properly before the Court. Petitioners have cited no authority that supports this
quasi-estoppel argument,
42
nor have they established its factual
- 148 -
T.C. 853, 860 (1990). Petitioners' citat…
IRCCourt RulingsJul 30, 1985related by meaning
the instant case, as the excess of the amount contributed to the IRA for the taxable year over the amount allowable as a deduction under section 219. Since petitioner is not entitled to a deduction under section 219 for his contribution for $1,500 to an IRA in 1981, the entire $1,500 represents an excess contribution …
IRCCourt RulingsSep 23, 2014
…ined in the statutes in question"), rev'g 33 T.C. 963 (1960); Hawkins v.
Commissioner, 86 F.3d 982, 989 (10th Cir. 1996) (holding that the Tax Court's
interpretation of the statute was "unduly narrow" and ran counter to the plain
meaning of the statute), rev'g 102 T.C. 61 (1994); Matthews v. Commissioner,
IRCCourt RulingsNov 18, 2021
…nstructed the custodian of her
401(k) to transfer $5,101 from her 401(k) to her IRA. Thereafter, $6,989.92 was
wired from Mrs. McNulty’s IRA to Green Hill’s bank account. There was no
purchase of AE coins after this investm e nt.
3. Yearend Valuations and Reporting for Mrs. McNulty’s IRA
For each year at issue Miles Fr…
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
…Trimmer, 148 T.C. at 346 – 47 (footnote omitted) (citing Estate of Gardner
v. Commissioner, 82 T.C. 989, 996 (1984)). We therefore concluded that
our jurisdiction to redetermine deficiencies under section 6213(a)
includes jurisdiction to review any discretionary agency actions that
would affect the deficiency amount. T…
IRCCourt RulingsMar 25, 2013related by meaning
m, or taxable event has been inconsistently subjected to two taxes;
and (4) if the transaction, item, or taxable event involves two or more taxpayers, there is sufficient identity of interest between the taxpayers subject to the two
taxes that the taxpayers should be treated as one. United States v. Dalm, 494 U.S.
596,…
IRCCourt RulingsOct 25, 2012
…standard for our review was set forth in Buzzetta Constr. Corp. v. Commissioner, 92 T.C. 641, 648 (1989), as follows:
When reviewing discretionary administrative acts, however, this
Court may not substitute its judgment for that of the Commissioner.
The exercise of discretionary power will not be disturbed unless the
[…
IRCCourt RulingsJul 14, 2005related by meaning
did not consider the
precedential effect of Beech Trucking Co. v. Commissioner, 118
T.C. 428 (2002) (Beech Trucking Co.), and (b) the factors used in determining whether a person is an employer or an employee24 that
the Court applied in Transport Labor I were inconsistent with the
common-law employment factors applied…
IRCCourt RulingsJun 8, 2005
…would suffer an unconscionable
injury because of that reliance. Manocchio v. Commissioner
, 78
T.C. 989, 1001 (1982), affd. 710 F.2d 1400 (9th Cir. 1983).
Moreover, equitable estoppel is applied “against the Government
with utmost caution and restraint”. Schuster v. Commissioner
,
supra
at 317.
- 13 -
13
Although the C…
IRCCourt RulingsJul 29, 1997related by meaning
one taxable year; at
best, petitioner's assertion undermines the characterization of
the 1992 distribution as a lump-sum distribution. That position, however, does not advance petitioner's case.
c. Frozen Deposit Rule
Finally, although it is not clear whether petitioner relies
on the special rule for frozen deposits f…