Search the Pension Law Library

81. 121 T.C. No. 14 — Jimmy D. & Marlene M. Morloc Weaver v. Commissioner
    IRCCourt RulingsOct 8, 2003related by meaning
    ng this amount. Subsequently, J.D. merged into Clarkston pursuant to section 368, and filed a final tax return as a C corporation for the period ended April 30, 2000. The $90,000 intercompany note was during the final return year of J.D. eliminated by book entry as a result of the merger. - 5 - Discussion Respondent’s …
82. T.C. Memo. 2010-146 — Peggy Ann Sears v. Commissioner
    IRCCourt RulingsJul 6, 2010
    …documents . 402(a) (5) (C) , as in effect for 1983 .12 -See . Wood - .v . Commissioner , . supra at 116 . However,- Merrill, Lynch mistakenly recorded the, stock certificates as having been transferred to another of the .taxpayer's accounts See id4_ at 116-117 . . „ Although the account statement showed that the truste…
83. 50 T.C. 771 — New England Tank Industries, Inc. v. Commissioner
    IRCCourt RulingsAug 26, 1968related by meaning
    ale was not intended by the parties. See Breece Veneer & Panel Co. v. Commissioner., 232 F. 2d 319, 322 (C.A. 7, 1956), reversing 22 T.C. 1386 (1954). Haggard v. Commissioner, 241 F. 2d 288 (C.A. 9, 1956), affirming 24 T.C. 1124 (1955), and Beus v. Commissioner, 261 F. 2d 176 (C.A. 9, 1958), affirming 28 T.C. 1133 (195…
84. 110 T.C. No. 11 — Albert Lemishow v. Commissioner
    IRCCourt RulingsFeb 18, 1998related by meaning
    lure to report any portion of the distributions. Thus, we find petitioner liable for the negligence penalty imposed on the portion of the underpayment attributable to the $102,519 not used to purchase the stock. In keeping with the above holdings, Decision will be entered under Rule 155 .
85. 148 T.C. No. 14 — John C. Trimmer & Susan Trimmer v. Commissioner
    IRCCourt RulingsApr 20, 2017
    … justness.'" Groseclose, 809 F.2d at 505 (quoting Gilles v. Dep't of Human Res. Dev., 521 P.2d 110, 116 n.10 (Cal. 1974) (quoting Black's Law Dictionary 634 (4th ed. 1957)). It further observed that "[t]he term conscience means 'the sense of right or wrong * * * together with a feeling of obligation to do or be that wh…
86. T.C. Memo. 2007-333 — Jeanne E. Amarasinghe v. Commissioner
    IRCCourt RulingsNov 6, 2007
    …79,368 as taxable income from pensions and annuities, and reported a deduction for alimony paid of $116,350 . In 2004, they filed a Form 1040X, Amended U .S . Individual Income Tax Return, for 2002 . On the Form 1040X, they removed th e $179,368 distribution from pensions and annuities income and the $116,350 deduction…
87. T.C. Memo. 1996-292 — Galen J. Smith v. Commissioner
    IRCCourt RulingsJun 24, 1996related by meaning
    1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect during the years at issue, all Rule references are to the Tax Court Rules of Practice and Procedure. T.C. Memo. 1996-292 UNITED STATES TAX COURT GALEN J. SMITH, Petitioner v . COMMISSIONER OF INTERNAL REVENUE, Respondent Doc…
88. 116 T.C. No. 13 — Kenneth L. Nordtvedt v. Commissioner
    IRCCourt RulingsMar 13, 2001
    116 T.C. No. 13 UNITED STATES TAX COURT REC ED -SERVIC CAL. I Wüs KENNETH L. NORDTVEDT, Petitioner y. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 670-99. Filed March 13, 2001. P adjusted the basis in his retirement annuity by an inflation factor, to take account of inflation betweeñ the date of his contribu…
89. 160 T.C. No. 3 — 3M Company and Subsidiaries v. Commissioner
    IRCCourt RulingsFeb 9, 2023related by meaning
    nsolidated group as “consistent with the 1986 statutory amendment” and “supported by the language of the 1986 amendment.” Such allocation is in fact 1 We also note that, if we were to agree with 3M in the present case, we would be giving primary weight to a Brazilian legal restriction that was not publicly promulgated,…
90. T.C. Memo. 2012-36 — Lisa LaFlamme v. Commissioner
    IRCCourt RulingsFeb 6, 2012
    …t 310. - 10 - appropriate to impose the relevant penalty. See.sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446 (2001). We find that respondent has met his burden of production. The accuracy-related penalty is not imposed.with respect to any portion of the underpayment as to which the taxpayer shows that he or sh…
91. T.C. Memo. 1996-404 — Leonard A. Gross v. Commissioner
    IRCCourt RulingsAug 28, 1996related by meaning
    ented are contained in pleadings and other documents in the record, and are not controverted. We must consider whether respondent was entitled to mail petitioner a second notice of deficiency concerning petitioner's 1991 taxable year. If respondent was not entitled to do so, then the August notice would not be valid as…
92. T.C. Memo. 2020-152 — Brett John Ball v. Commissioner
    IRCCourt RulingsNov 10, 2020
    … to the liability of any individual for penalties and additions to tax. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). - 12 - [*12] "In order to meet the burden of production under section 7491(c), the Commissioner need only make a prima facie case that imposition of the penalty or addition to tax is appropr…
93. 105 T.C. 141; 105 T.C. No. 12 — Brotman v. Commissioner
    IRCCourt RulingsAug 24, 1995related by meaning
    section 1041. See Balding v. Commissioner, 98 T.C. 368 (1992). In order to implement the views expressed herein, An appropriate order will be issued. Unless otherwise indicated, all 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 o…
94. T.C. Memo. 2017-139 — Louelia Salomon Frias & Mervyngil Salomon v. Commissioner
    IRCCourt RulingsJul 11, 2017
    … indicating that it is appropriate to impose the penalty. See sec. 7491(c); Higbee v. Commissioner, 116 T.C. at 446-447. Once the Commissioner meets his burden of production, the taxpayer must come forward with persuasive evidence that the Commissioner's determination is incorrect or that the taxpayer had reasonable ca…
95. 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 …
96. T.C. Memo. 2016-215 — Glen A. Blair v. Commissioner
    IRCCourt RulingsNov 23, 2016
    …015); Bunney v. Commissioner, 114 T.C. 259, 265 (2000). ¹°See sec. 7491(c); Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). "Sec. 6651(a)(1); Higbee v. Commissioner, 116 T.C. at 446-447. - 8 - [*8] income greater than the exemption amount. He is required to file a return.¹² He did not raise any other defenses. Ac…
97. 131 T.C. No. 12 — Mary Ann Kollar v. Commissioner
    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…
98. T.C. Memo. 2015-128 — James Boneparte, Jr. v. Commissioner
    IRCCourt RulingsJul 13, 2015
    … regarding the taxpayer's liability for any penalty. Sec. 7491(c); see also Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). Once the Commissioner has met this burden, the taxpayer must provide persuasive evidence that the Commissioner's determination was incorrect. See Rule 142(a); Higbee v. Commissioner, 116 T.C…
99. 74 T.C. 1057 — Johnson v. Commissioner
    IRCCourt RulingsAug 12, 1980related by meaning
    nstant case — to avoid the section 4973 excise tax. We hold that Johnson is liable for the asserted excise taxes under section 4973 for 1975 and 1976. It appears that the notice of deficiency addressed to petitioners may be understood as asserting joint liabilities for the excise tax deficiencies. (See n.l supra) Since…
100. T.C. Memo. 2001-317 — Herbert L. & Jennifer L. Whitehead v. Commissioner
     IRCCourt RulingsDec 20, 2001related by meaning
     or addition to tax. Id. As noted above, the record in this case does not establish the date on which the examination of petitioners’ taxable years at issue began. Moreover, neither party contends that sec. 7491(c) applies here. Respondent also determined to disallow the deduction that petitioners claimed in their 1996…