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61. T.C. Memo. 1996-212 — Louis R. & Gregoria S. Gomez v. Commissioner
    IRCCourt RulingsMay 1, 1996
    … a lump-sum payment to Louis R. Gomez from the Civil Service Retirement System in the amount of $52,227.53 in 1987 is includable in petitioners' gross income. Background All of the facts have been stipulated, and the stipulated facts are incorporated in our findings by this reference. At the time the petition was filed…
62. T.C. Memo. 1995-599 — Rhett B. & Sandra L. Ross v. Commissioner
    IRCCourt RulingsDec 19, 1995related by meaning
    -2503 at 95-2504, 95-1 USTC par. 50,280 (D. Md. 1995); see also Conway v. United States , supra ; cf. Wheeler v. Commissioner , T.C. Memo. 1993-561. 6 We observe that the definition of "qualified total distribution" set forth in section 402(a)(5)(E)(i)(II) incorporates the definition of "lump sum distribution" set fort…
63. T.C. Memo. 2024-67 — Fabricio Moran v. Commissioner
    IRCCourt RulingsJun 17, 2024
    … We round all monetary amounts to the nearest do llar. Served 06/17/24 2 [* 2 ] capital gain of $32,227 , t a xable payments of $6,236 from a medical
64. T.C. Memo. 1997-556 — A. C. Green Electrical Contractors, Inc. v. Commissioner
    IRCCourt RulingsDec 22, 1997
    …d Jakubowicz and their spouses, petitioner made contributions to the plans in the total amounts of $227,646, $226,794, and $226,794, respectively, for each of the years 1987, 1988, and 1989. On its Federal income tax returns for years ending September 30, 1987, 1988, and 1989, petitioner claimed deductions under sectio…
65. T.C. Memo. 1998-47 — William Spencer & Barbara Ruth Bach v. Commissioner
    IRCCourt RulingsFeb 5, 1998
    …was foreclosed upon and sold. Wazee Street had outstanding debt as of the date of foreclosure of $1,227,454. Mr. Bach's allocable share of the partnership debt at the time of foreclosure was - 7 - $190,501. Wazee Street did not file a partnership return for 1987. As of December 31, 1986, Mr. Bach owned a 37.5-percent i…
66. 62 T.C. 456; 62 T.C. No. 51 — Latrobe Steel Co. v. Commissioner
    IRCCourt RulingsJul 3, 1974related by meaning
    ilar to the enumerated plans and that it therefore should not be treated in accordance with section 404 (a) but rather in accordance with section 162. Although a literal interpretation of the first sentence of section 404(a) would appear to support the position of respondent, we are not confined to such a literal readi…
67. T.C. Memo. 1995-470 — Harold L. & Gladys M. Humberson v. Commissioner
    IRCCourt RulingsOct 3, 1995related by meaning
    rovide the written explanation required by section 402(f) is somehow attributable to respondent and requires respondent to assume the burden of proof. The short answer to this contention is that we have decided the issue in dispute without regard to the burden of proof. In any event, section 402(f) imposes a duty on pl…
68. T.C. Memo. 2011-106 — Fredric J. & Dushanka Lowe v. Commissioner
    IRCCourt RulingsMay 19, 2011related by meaning
    Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Either party may move for summary adjudication upon all or any part of the legal issues in controversy. Rule 121(a). Full or partial summary judgment is appropriate where the record shows that there is no genuine issue as to any material fact and that a decisi…
69. T.C. Summary Opinion 2017-72 — Kevin C. Harris & Teresa A. Harris v. Commissioner
    IRCCourt RulingsSep 7, 2017
    …me-in-respect-of-a-decedent rule of section 691(a)(1). See Estate of Kahn v. Commissioner, 125 T.C. 227, 231-232 (2005). This perhaps explains why the conservator of Kevin Harris' father's estate might have paid income tax on distributions from the father's IRA. However, it is difficult to understand why this tax payme…
70. T.C. Summary Opinion 2002-66 — Milagros Z. Gueco v. Commissioner
    IRCCourt RulingsJun 10, 2002related by meaning
    T.C. Summary Opinion 2002-66 UNITED STATES TAX COURT MILAGROS Z. GUECO, Petitioner v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 545-01S. Filed June 10, 2002. Milagros Z. Gueco, pro se. James N. Beyer , for respondent. DINAN, Special Trial Judge : This case was heard pursuant to the provisions of section …
71. 121 T.C. No. 14 — Jimmy D. & Marlene M. Morloc Weaver v. Commissioner
    IRCCourt RulingsOct 8, 2003related by meaning
    the service provider, the former did not pay the latter for its services within 2-1/2 months after the close of the respective calendar years in which the services were performed. 4 Nor have petitioners made the requisite showing to rebut the presumption that Clarkston’s arrangement with J.D. as to its services did not…
72. 100 T.C. 216; 100 T.C. No. 15 — Halliburton Co. v. Commissioner
    IRCCourt RulingsMar 24, 1993related by meaning
    the allocation of forfeitures among remaining participants resulted in prohibited discrimination in favor of highly compensated employees. Discussion Before turning to the merits of the parties’ contentions, we note preliminarily that respondent bears the burden of proof herein because respondent failed to issue a fin…
73. T.C. Memo. 2016-228 — Suzanne D. Oster Ozimkoski v. Commissioner
    IRCCourt RulingsDec 19, 2016
    …in the gross income of the - 9 - [*9] beneficiaries.¹° See Estate of Kahn v. Commissioner, 125 T.C. 227, 231-232 (2005) (citing sections 408(d)(1) and 691(a)(1)(B)). If an IRA owner dies before distributions were required to begin, the owner's interest in the IRA generally must be distributed to the beneficiary within …
74. T.C. Memo. 2011-58 — Erin N. Hellweg v. Commissioner
    IRCCourt RulingsMar 9, 2011related by meaning
    4 (1984); see United States v. Mead Corp., 533 U.S. 218 (2001). Although they may be entitled to deference under Skidmore v. Swift & Co., 323 U.S. 134 (1944), see United States v. Mead Corp., supra, we need not decide whether Notice 2004-8, supra, should be given Skidmore deference because the Transaction does not féll…
75. 146 T.C. No. 7 — James E. Thiessen & Judith T. Thiessen v. Commissioner
    IRCCourt RulingsMar 29, 2016
    …ing of section 408(a) in the year in which the guaranties were made. M v. Commissioner, 140 T.C. at 227. Likewise, petitioners' IRAs are "plans" within the meaning of section 4975(e)(1)(B) (petitioners' IRAs are described in section 408(a)), and petitioners are "disqualified persons" within the meaning of section 4975(…
76. 121 T.C. No. 19 — Fortunato J. Mendes v. Commissioner
    IRCCourt RulingsDec 11, 2003related by meaning
    ining whether petitioner satisfies the return-filed safe harbor of section 6654(d)(1)(B)(i). Because petitioner made no estimated tax payments for the audit year, he necessarily failed the alternative safe harbor of section 6654(d)(1)(B)(i) to make estimated tax payments equal to “90 percent of the tax” (i.e., his ulti…
77. T.C. Memo. 2012-213 — Mark William Murray v. Commissioner
    IRCCourt RulingsJul 25, 2012
    …ies are included in the gross income of beneficiaries. See Estate of Kahn v. Commissioner, 125 T.C. 227, 23.1-232 (2005) (citing sections 408(d)(1) and 691(a)(1)(B)); Jankelovits v. Commissioner, 2008 Tax Ct. Memo LEXIS 286, at *5. Therefore, the di tribution petitioner received from his mother's IRA is not excludable …
78. T.C. Summary Opinion 2007-187 — Wayne Smith v. Commissioner
    IRCCourt RulingsNov 1, 2007
    … Federal income tax return on May 1, 2003 . On his 2002 return, he reported tax in the amount of $6,227, less withholding credits of $1,700 . He did not remit the $4,672 owed when he filed his return . Request for Collections Due Process Hearin g On August 7, 2004, respondent mailed to petitioner a Final Notice of Inte…
79. 124 T.C. No. 12 — Charles P. Stepnowski v. Commissioner
    IRCCourt RulingsApr 26, 2005related by meaning
    retirement plans and to fashion equitable remedies tö resolve these controversies." Simmons v. Commissioner, T.C. Memo. 1995-422; see also Stevens v. Commissioner, T.C. Memo. 1985-192; Wenzel v. Commissioner, T.C. Memo. 1982-595, affd. 707 F.2d 694 (2d Cir. 1983). Rather, in a declaratory judgment action under section…
80. T.C. Summary Opinion 2008-28 — Michael J. Kulzer & Jan K. Bielman-Kulzer v. Commissioner
    IRCCourt RulingsMar 12, 2008
    … 7 263,112 25,000 238,112 20,049 258,16 1 8 258,161 25,000 233,161 19,653 252,81 4 9 252,814 25,000 227,814 19,225 247,03 9 10 247,039 25,000 222,039 18,763 240,80 2 11 240,802 25,000 215,802 18,264 234,06 6 12 234,066 25,000 209,066 17,725 226,79 1 13 226,791 25,000 201,791 17,143 218,93 5 14 218,935 25,000 193,935 16…