IRCCourt RulingsJan 30, 2007
…citated to a degree that they could not file
their returns. Williams v. Commissioner, 16 T..C. 893, 905-906
(1951); see, e.g., Joseph v. Commissioner, T.C. Memo. 2003-19
("Illness or incapacity may constitute reasonable cause if the
taxpayer establishes that he was so ill that he was unable to
file.").
Petitioners argu…
IRCCourt RulingsMar 12, 2008related by meaning
ified retirement plan during
2002, before he had attained age 59-1/2 . Thus, even if the
additional tax under section 72(t) is a "penalty, addition to tax, or additional amount" within the meaning of section 7491(c),
a point we do not decide, there is ample evidence in the record
to satisfy any burden of production imp…
T.C. Memo. 1996-450 — Theodore Souris, P.C., a dissolved corporation, and Theodore Souris, as successor in interest of Theodore Souris, P.C. v. Commissioner IRCCourt RulingsOct 2, 1996
…eso T. Hammoud
, for respondent.
MEMORANDUM OPINION
RAUM, Judge
: The Commissioner determined a $48,905
deficiency in petitioner corporation's 1988 income tax together
with a $9,781 section 6661(a)
1
addition to tax for that year.
- 2 -
1
(...continued)
the Internal Revenue Code in effect for the year at issue.
The pri…
IRCCourt RulingsNov 1, 2005
…tated to such a degree that she
could not file her returns. Williams v. Commissioner
, 16 T.C. 893, 905-906 (1951); see, e.g., Joseph v. Commissioner
, T.C.
- 8 -
Memo. 2003-19 (“Illness or incapacity may constitute reasonable
cause if the taxpayer establishes that he was so ill he was
unable to file.”); Black v. Commi…
IRCCourt RulingsDec 4, 2017related by meaning
s accepted petitioner's payment in 2012 of $39,600 ($39,600
= $3,300 × 12) to his ex-wife as a payment of alimony deductible under sec.
215(a).
- 12 - Petitioner and his ex-wife were in the best position to specify how they
wanted the payment at issue to be classified for Federal income tax purposes. As
the Supreme Cou…
IRCCourt RulingsAug 25, 1997
…ommissioner
, 94 T.C. 708, 714-715
(1990); Gantner v. Commissioner
, 92 T.C. 192, 197 (1989), affd.
905 F.2d 241 (8th Cir. 1990). Accordingly, we must decide
whether petitioners have carried their burden of proving that
- 20 -
respondent's position in the court proceeding was not
substantially justified.
C. Respondent'…
IRCCourt RulingsMay 5, 2008related by meaning
T .C . Summary Opinion 2808-4 9
UNITED STATES TAX COUR T
ANDREA C . CASULA, Petiti
COMMISSIONER OF INTERNAL REVENI
ner v .
E, Responden t
Docket No . 3385-05S . Filed May 5, 2008 .
Paul Kalinich (specially recognized)', for petitioner .
Mayer Silber , for respondent .
RECORDE D
S .T . JUDG E
GOLDBERG, Special Trial Jud…
131 T.C. No. 4 — Ralston Purina Company and Subsidiaries v. Commissioner IRCCourt RulingsSep 10, 2008
… heavily on the opinion of the Court of Appeals for
the Eighth Circuit in Huntsman v. Commissioner, 905 F.2d 1182
(8th Cir. 1990), revg. 91 T.C. 917 (1988), which held that the
phrase "in connection with" should be broadly construed. We
concluded that the origin of the claim test had no bearing on the
section 162(k) in…
IRCCourt RulingsAug 8, 1996related by meaning
to the Internal Revenue
Code by section 302 of the Taxpayer Bill of Rights 2, Pub. L.
104-168, authorizes this Court to review the Secretary's failure to abate interest with respect to requests for abatement after
July 30, 1996. Because this case does not involve a request for
abatement after July 30, 1996, we lack jur…
81 FR 21181 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-De… ERISAFinal Rules (FR)Apr 8, 2016related by meaning
of the Code and a health savings account described in section 223(d) of the Code.
Back to Citation
19.
Code section 4975(c)(2).
Back to Citation
20. Angela A. Hung, Noreen Clancy, Jeff Dominitz, Eric Talley, Claude Berrebi, Farrukh Suvankulov, Investor and Industry Perspectives on Investment Advisers and Broker-Deal…
IRCCourt RulingsMay 14, 2012related by meaning
distribution is treated in the same manner as
one made pursuant to a QDRO.
4We note that generally tax-qualified plans are subject to sec. 401(a)(13), which prohibits any assignment or alienation of the benefits of the plan and that
sec. 402 was added to the Code in order to create "an exception to the ERISA
preemption…
IRCCourt RulingsFeb 26, 1964related by meaning
the instant cases and that the payments received by petitioners are not excludable from their gross incomes under section 104(a)(3) or section 105(a). Petitioners strongly deny that the amounts they received constituted annuities taxable under section 72 of the Internal Revenue Code of 1954. In their pleadings they hav…
IRCCourt RulingsAug 6, 1996
…s:
Plan Year Ended In Tax Year
Deductible
Limit
Contributions
*
California Butchers $34,200,292 $23,905,300
N. Cal. Retail Clerks 92,985,762 78,946,374
S. Cal. UFCW 103,283,669 85,955,898
Central States SESW 957,945,930 664,202,000
UFCW M W Pension Plan 21,780,509 20,642,880
Western Conf./Teamsters 567,476,801 478,491,…
IRCCourt RulingsJan 9, 1985related by meaning
erest) on the dates shown was as follows:
Bate Balance
8/31/78 $123,727.08
8/31/79 131,211.18
8/31/80 141,708.07
8/31/81 144,502.33
4/ 9/84 131,432.30 Added to the Code by title II of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, sec. 2003, 88 Stat. 829, 971, section 4975 imposes two leve…
T.C. Memo. 2011-253 — George R. Ward, Petitioner and Victoria J. Ward, Intervenor v. Commissioner IRCCourt RulingsOct 31, 2011related by meaning
iles a joint return is computed by
aggregating the two incomes and that their income-tax liability
is joint and several. Section 6015(a) provides that notwithstanding section 6013(d) (3) a person who files a joint
return is relieved of joint liability under three specific
exceptions set forth in section 6015(b), (c), a…
IRCCourt RulingsAug 16, 2017
… respondent
determined a $9,525 deficiency in petitioner's 2010 Federal income tax and
imposed a $1,905 section 6662(a) accuracy-related penalty.
According to a birth certificate secured by petitioner apparently with much
difficulty and issued more than 55 years after the event it records, petitioner was
born on Octobe…
IRCCourt RulingsJan 29, 2019
…uced at trial only the bottom portion of a check stub with an
invoice date of June 14, 2010, for $1,905 and the notation "SERVER" as the
description. Petitioner testified that this payment was a reimbursement for his
purchase of the computer server and that he received a separate check as
reimbursement for his purchase…
IRCCourt RulingsAug 27, 2008related by meaning
xpayer has the burden of
proof to substantiate claimed deductions .") . Accordingly, we
conclude that petitioner has failed to prove that respondent's determination of unreported taxable income was arbitrary or
erroneous .
In addition, we conclude that petitioner is liable for the
10-percent additional tax imposed by s…
IRCCourt RulingsNov 12, 1981related by meaning
e deductible, there must be a written instrument governing such account which was extant by the time prescribed for the making of such a contribution. During 1975, Mr. Cobb had only a Keogh account. It was not until December 15, 1976, when he executed the account registration statement with Connecticut General, that he…
IRCCourt RulingsAug 30, 1999related by meaning
ons are includible in petitioner's gross income for 1995. Petitioner
contends that they are not. In support of that contention,
petitioner argues that there was gross negligence by the [Family] court and my
ex-wife's lawyer that caused the money to be removed
from the IRA. * * *
* * * * * * *
This was a forced withdraw…