T.D. 9472 — Final regulations under section 4980F of the Code provide guidance relating to the section’s application to a plan amendment that is permitted to be effective … IRCTreasury DecisionsDec 21, 2009
…termination letters on Form 5307 for pre-approved defined contribution plans.
EMPLOYMENT TAX
Notice 2009-80 Notice 2009-80 2010 social security contribution and benefit base; domestic employee coverage threshold. The Commissioner of the Social Security Administration has announced (1) the OASDI contribution and benefit…
IRCCourt RulingsAug 23, 2010related by meaning
not a distribution of dividends on an employer's
securities by an employee stock ownership plan
. Further, the
deemed distribution occurred only once ; it was therefore not part
of a series of substantially equal periodic payments over the
life of petitioner
. There is also no evidence in the record that
petitioner ha…
Rev. Rul. 2009-40 — 2010 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2010 are provided for use in … IRCRevenue RulingsDec 28, 2009
… TARP, will not cause the plan to fail to meet the requirements of section 409A of the Code.
Notice 2009-96 Notice 2009-96 Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for pla…
Ann. 2009-89 — Remedial amendment period and reliance for section 403(b) plans. This announcement provides for a remedial amendment period and reliance for employers that, pu… IRCAnnouncementsDec 28, 2009
Announcement 2009-89
Remedial Amendment Period and Reliance for Section 403(b) Plans
Within the next few months, the Service expects to publish a revenue procedure for obtaining an opinion letter that the form of a prototype or other “pre-approved plan” meets the requirements of § 403(b) of the Internal Revenue Code an…
IRCProposed Rules (FR)Proposed Oct 15, 2007
…s 85%, as determined under paragraph (d)(3) of this section. Thus, the prior year funding ratio for 2009 is not less than 80%. (ii) Pursuant to paragraph (b)(4) of this section, the funding standard carryover balance is increased to $51,235 as of July 1, 2009 (that is, an increase to reflect 6 months of interest at an …
IRCCourt RulingsOct 31, 2007related by meaning
tioner
reported the distribution from the retirement account as wages on
his return for 2005 .
Respondent issued a deficiency notice for 2004 in which respondent determined that petitioner should have reported the
-4distribution as income in 2004, that petitioner was liable for
the 10-percent additional tax on the dist…
IRCCourt RulingsSep 26, 2001related by meaning
1
All subsequent section references are to the Internal
Revenue Code in effect for the year in issue, and all Rule
references are to the Tax Court Rules of Practice and Procedure,
unless otherwise indicated.
T.C. Summary Opinion 2001-158
UNITED STATES TAX COURT
MAJID NAEMI, Petitioner v
.
COMMISSIONER OF INTERNAL REVEN…
IRCCourt RulingsJul 24, 1991related by meaning
…r research we did not find any cases directly on point with the instant case. We did, however, find Memorandum Opinions in which this Court held that the nonemployee spouse must include in income pension benefits paid to her as her share of her former husband’s retirement benefits. Each of these Memorandum Opinions, Ea…
IRCCourt RulingsNov 18, 2009related by meaning
…cussion of Larotonda v . Commissioner , 89
T .C . 287 (1987), and Murillo v . Commissioner , T .C . Memo . 1998-13,
affd
. without published opinion on other issues 166 F .3d 1201 (2d
Cir . 1998), see Czepiel .v . Commissioner , T .C . Memo . 1999-289 ,
affd . 86 AFTR 2d 2000-7304, 2001-1'USTC par . 50,134 (1st Cir .
2…
IRCCourt RulingsAug 25, 1997related by meaning
motion for costs
was filed out of time and should be "dismissed" for that reason.
We reject respondent's contention and do not consider it further.
12 Technical and Miscellaneous Revenue Act of 1988 (TAMRA),
Pub. L. 100-647, sec. 6239(a), 102 Stat. 3342, 3743-3746 is
generally applicable to proceedings commenced after …
IRCCourt RulingsJun 12, 1996related by meaning
tioner's
distribution.
Section 72(t) provides:
(1) Imposition of additional tax.--If any taxpayer
receives any amount from a qualified retirement plan * * *, the taxpayer's tax * * * for the taxable year in
which such amount is received shall be increased by an
amount equal to 10 percent of the portion of such
amount w…
IRCCourt RulingsJun 26, 2017related by meaning
e requirements of the QDRO provisions must be "rigidly observed"
because they "relate to the substance or essence of the statute"). We have con-
- 8 - [*8] siderable sympathy for petitioner's position: In effect, his willingness to help
minimize stress on his soon-to-be ex-wife disabled him from satisfying the
statutor…
IRCCourt RulingsNov 13, 1998related by meaning
…is
case would lie, stated in Roundy v. Commissioner
, 122 F.3d 835,
837 (9th Cir. 1997), affg. T.C. Memo. 1995-298:
[Section 72(t)(1)] applies to any retirement
distribution, so long as it is not specifically
exempted and is from a "qualified retirement plan".
Petitioner has not disputed that the distribution in issue …
IRCCourt RulingsJul 21, 2005related by meaning
distributions. See Arnold v.
Commissioner
, supra
at 255; Milner v. Commissioner
, T.C. Memo.
2004-111. Thus, the retirement distributions received by petitioner are subject to the 10-percent additional tax under
section 72(t).
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,…
Rev. Proc. 2013-5 — Technical advice. Revised procedures are provided for furnishing technical advice to area managers and appeals office by the Office of the Division Commissione… IRCRevenue ProceduresJan 2, 2013related by meaning
f the adopted TAM to the taxpayer, or at the end of the 30-day period following the issuance of the TAM to the field.
Discussion with the taxpayer
.03 EP or EO Technical will not discuss the contents of the TAM with the taxpayer or the taxpayer’s representative until the taxpayer has been given a copy by the EP or EO E…
IRCCourt RulingsFeb 10, 1997related by meaning
to section 413(b)(7), the
District Court rejected the IRS argument, as phrased by the
court, "that by taking more of a deduction for the 1989 tax year than had been anticipated, AFC interfered with other employers'
ability to estimate the plan-wide deductible limit". Airborne
Freight Corp. v. United States
, 76 AFTR 2d…
IRCCourt RulingsMar 31, 1997related by meaning
ort the 10-percent additional tax,
believing that he qualified for the disability exception.
Although petitioner failed to qualify under the technical provisions of the Internal Revenue Code and the regulations, we
- 13 -
do not believe petitioner acted unreasonably or intentionally
disregarded the rules and regulation…
Notice 2009-77 — Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond … IRCNoticesOct 5, 2009
…ding target. Pursuant to Notice 2007-81, the monthly corporate bond yield curve derived from August 2009 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of August 2009 are, respectively, 3.08, 5.94, and 6.21. The three 24-month average corporate bond segment r…
IRCCourt RulingsNov 7, 2003related by meaning
1
Unless otherwise indicated, subsequent section
references are to the Internal Revenue Code in effect for the
year at issue.
T.C. Summary Opinion 2003-161
UNITED STATES TAX COURT
MARTIN EDWARD CAULFIELD, Petitioner v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 19485-02S. Filed November 7, 2003.
Martin Ed…