IRCCourt RulingsOct 28, 1965related by meaning
ifying 16 T.C. 882 (1951), certiorari denied 344 U.S. 874, with Brainard Steel Corporation v. United States, 137 Ct. Cl. 114, 146 F. Supp. 461 (1956). Petitioner argues in the alternative that if Credit, Inc., is denied the deduction in its final taxable period he should be allowed a deduction for (a) amounts actually …
IRCCourt RulingsFeb 4, 1998related by meaning
ng warned by the Court
and after having received notice from the Court in a prior case.
6
On the basis of the record, we conclude that the proceedings herein were instituted primarily for delay and that petitioner's
position is both frivolous and groundless. Accordingly, we
exercise our discretion and award a penalty t…
IRCProposed Rules (FR)Proposed Mar 12, 2026
…is chapter) or on the IRS website (
https://www.irs.gov)—
(1) Section 1.141-12(d)(4);
(2) Section 1.142(f)(4)-1; and
(3) Section 1.142-2(c)(2).
(b)
Applicability date.
This section applies to notices and elections filed on or after [the date 30 days after the date of publication of final regulations in the
Federal Regi…
IRCCourt RulingsMay 14, 2009related by meaning
…
(1992) ; New Colonial Ice Co . v . Helvering, 292 U .S . 435, 440
(1934) . In accordance with Rule 142(a) and the cases cited
above, a taxpayer generally bears the : burden of proving that the
Commissioner's determinations are in error and that the taxpayer
is entitled to the deductions claimed . : '
In order for the …
IRCCourt RulingsJan 11, 2012
…evidence, that the determinations öf the
Commissioner in a notice of deficiency are incorrect. Rule
142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Deductions
are a matter of legislative grace, and a taxpayer bears the
burden of proving entitlement to any claimed deductions. Rule
142(a) (1); INDOPCO, Inc. v. Comm…
IRCCourt RulingsJun 4, 2014related by meaning
ation because R
proceeded against the target taxpayers using information W provided
before the effective date of I.R.C. sec. 7623(b), Dec. 20, 2006. W opposes R's motion on the grounds that W provided information to
the Government both before and after the effective date of I.R.C. sec.
7623(b).
Held: The Court has juri…
120 T.C. No. 5 — Wells Fargo & Company, f.k.a. Norwest Corporation and Subsidiaries v. Commissioner IRCCourt RulingsFeb 13, 2003
g at the time of
retirement”. G en. Signal Corp. v. Commissioner
, 142 F.3d at 549
(citing Parker-Hannifin Corp. v. Commissioner
, 139 F.3d 1090, 1094 (6th Cir. 1998)). We agree with respondent that the funding of the
reserve cannot begin until the reserve is created. However, we do
not agree with respondent that the r…
IRCCourt RulingsDec 2, 2013related by meaning
T.C. Summary Opinion 2013-96
UNITED STATES TAX COURT
SAMUEL BRACH AND LILLIAN BRACH, Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 15460-12S. Filed December 2, 2013.
Ronald Jay Cohen, for petitioners.
Gennady Zilberman, for respondent.
SUMMARY OPINION
ARMEN, Special Trial Judge: This case was h…
IRCCourt RulingsAug 3, 1979related by meaning
Chabot, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax and in excise tax under section 4973(a) for 1975, as follows:
Deficiencies in—
Docket No. Petitioners Income tax gi
6173-77 John L. Guest .$437.60
9115-77 James Ventresca and Jordy L. Ventresca . 296.00
Jerome Kobos . 286.18
Edward And…
IRCCourt RulingsAug 29, 2006
…tions ar e
generally taxpayers
presumed correct, an d
burden of proving otherwise .' Rul e ear th e
142(a )( 1) ; Welch v . Ielvering , 290 U .S' . 111, 115 (1933 )
I . I . I
IRA Contribution Deduction I I
Tax deductions are a matter of legislative grace with the
taxpayer bearing the burden of proving entitlement to th…
IRCCourt RulingsSep 7, 2017related by meaning
(2) the taxpayer's filing of a petition for review with the Tax Court
within 180 days of the mailing of such a determination. Sec. 6404(h)(1) (before amendment by the Consolidated Appropriations Act, 2016, Pub. L. No. 114-113,
div. Q, sec. 421(a), 129 Stat. at 3123 (2015), effective for claims for abatement of
interes…
IRCCourt RulingsSep 17, 2026related by meaning
n effect at all relevant times, regulation references are
to the Code of Federal Regulations, Title 26 (Treas. Reg.), in effect at all relevant times, and Rule references are to the Tax Court Rules of Practice and Procedure.
Served 09/17/26
2
[* 2 ] there were no changes in the IRS approach to the issue after review
of…
IRCCourt RulingsFeb 6, 2024related by meaning
e funds ) .
14
[* 14] Moreover, we disagree with petitioner that Larotonda was
abrogated by the repeal of section 72(m)(4). Former section 72(m)(4)(A) was replaced by section 72(p) (1)(B), which is substantially similar to
section 72(m)(4)(A).
7
In addition, this Court has continued to cite
Larotonda as binding precede…
IRCCourt RulingsAug 1, 2011
…correct, and the taxpayer bears the burden of proving
that the determination is incorrect. See Rule 142(a); Welch v.
Helvering, 290 U.S. 111, 115 (1933).
Section 7491(a) provides generally that the burden of proof
regarding factual matters may shift to the Commissioner if the
taxpayer satisfies certain substantiation a…
IRCCourt RulingsOct 3, 1995related by meaning
T.C. Memo. 1995-469
UNITED STATES TAX COURT
C. MERRITT and DOROTHY PUMPHREY, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 13538-94. Filed October 3, 1995.
Jay Fred Cohen
, for petitioners.
Alan R. Peregoy
, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
DAWSON, Judge
: This case was …
IRCCourt RulingsOct 16, 2017
…rden of proving that the Commissioner's
determination in a notice of deficiency is incorrect.2 Rule 142(a); Welch v.
Helvering, 290 U.S. 111 (1933). For this presumption to adhere in cases involving
receipt of unreported income, the Commissioner must provide some reasonable
foundation connecting the taxpayer with the i…
IRCCourt RulingsMay 8, 2017
…ficiency is presumed correct. Welch v. Helvering, 290 U.S. 111, 115 (1933). In pertinent part, Rule 142(a)(1) provides the general rule that "[t]he burden of proof
shall be upon the petitioner". The submission of this case under Rule 122 does not
change or otherwise lessen petitioners' burden of proof. See Rule 122(b);…
67 T.C. 490 — Wisconsin Nipple & Fabricating Corp. v. Commissioner IRCCourt RulingsDec 16, 1976related by meaning
s. 601.201(a)(2) and (3), 601.201(1)(5), and 601.201(m), Statement of Procedural Rules; Myron v. United States, 382 F.Supp. 590, 597 (C.D. Cal. 1974). In analogous situations, when there have been similar material changes in the facts on which a ruling was based, the courts have upheld the Commissioner’s authority to r…
IRCCourt RulingsAug 4, 2005related by meaning
T.C. Summary Opinion 2005-114
UNITED STATES TAX COURT
FRANCIS N. AND PATRICIA A. LEONARD, Petitioners v
.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 7893-03S. Filed August 4, 2005.
Francis N. and Patricia A. Leonard, pro sese.
Michael F. O’Donnell
, for respondent.
CARLUZZO, Special Trial Judge
: This case…