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1. T.C. Summary Opinion 2008-28 — Michael J. Kulzer & Jan K. Bielman-Kulzer v. Commissioner
   IRCCourt RulingsMar 12, 2008
   … must begin after separation from service) . During 2003 petitioners received a distribution of $36,439 from OCTFCU . Petitioner claims that petitioners retained $12,000 of that amount and rolled over the remainder, $24,439, to another retirement account . During 2004 petitioners received a distribution of $70,000 from…
2. T.C. Memo. 2011-105 — Mark E. Warmoth v. Commissioner
   IRCCourt RulingsMay 19, 2011
   … it actually engaged in business activity. See Moline Props., Inc. v. Commissioner, 319 U.S. at 438-439; Bass v. Commissioner, supra at 602. The prongs of the test under Moline Props. are alternative prongs. See Moline Props., Inc. v. Commissioner, supra at 438-439; Bass v. Commissioner, supra at 602; see also Rogers v…
3. T.C. Memo. 2021-105 — Sherrie L. Webb v. Commissioner
   IRCCourt RulingsAug 31, 2021
   …limited to the administrative record. In Robinette v. Commissioner , 123 T.C. 85, 95 (2004), rev’d, 439 F.3d 455 (8th Cir. 2006), we held that “when reviewing for abuse of discretion under section 6330(d), we are not limited by the Administrative Procedure Act * * * and our review is not limited to the administrative r…
4. T.C. Memo. 1998-336 — Robert A. & Laverne M. Hall v. Commissioner
   IRCCourt RulingsSep 22, 1998related by meaning
   ights-related activity. And since none of petitioner's compensation for the year was includable in gross income, all of petitioner's IRA contributions for the year are nondeductible. Secs. 219(b), 408(o). Contributions are deemed to have been made to an IRA on the last day of the preceding taxable year if the contribut…
5. 92 T.C. 376; 92 T.C. No. 24 — Foil v. Commissioner
   IRCCourt RulingsFeb 22, 1989related by meaning
   n from sec. 457 altogether. We note the irony that, on answering brief in another issue in the instant case, petitioners make the following statement: It is improper to resort to legislative history where the statute is clear. U.S. v. Prudential Ins. Co. of America, 461 F.2d 280 (5th Cir. 1972); U.S. v. Marett, 325 F.2…
6. T.C. Memo. 2023-141 — Danielle Monique Scott v. Commissioner
   IRCCourt RulingsNov 28, 2023
   …ciency of $ 4 , 713. The deficiency stems from unreported gross income and an additional tax of $ 1,439 under section 72(t) 1 for an early distribution from a qualified retirement plan. Respondent has filed a Motion for Summary Judgment under Rule 121, contending that there are no disputes of material fact and that he …
7. 109 T.C. No. 9 — Square D Company and Subsidiaries v. Commissioner
   IRCCourt RulingsOct 9, 1997related by meaning
   einafter referred to as the instant case). The instant case is before the Court on - 3 - 1 All Code and section references are to the Internal Revenue Code in effect for the year at issue. All Rule references are to the Tax Court Rules of Practice and Procedure. the parties' cross-motions for partial summary judgment. …
8. 167 T.C. No. 4 — Piton Holdings, LLC, David L. Hall, Partnership Representative, Petitioner(s) v. Commissioner
   IRCCourt RulingsJul 15, 2026
   …ows, plus a present value of the reversionary interest of $2,410,000, for $34,540,000, equaling $91,439 per acre, as the before value of the Property being used as a hypothetical mine. 20 5. Derek Loveday Mr. Loveday is a geologist who works for Stantec. He has over 30 years of mining industry experience. We recognized…
9. 97 T.C. 237; 97 T.C. No. 14 — Guilzon v. Commissioner
   IRCCourt RulingsAug 6, 1991related by meaning
   f the matter is that the payment in question should be taxable to petitioner under section 72(e). Accordingly, we sustain respondent’s determination.6 In order to take into account what appear to be mechanical errors in respondent’s calculations and to afford the parties a further opportunity to resolve the question of…
10. 29 C.F.R. § 4022.23(f)(1) — Computation of maximum guaranteeable benefits.
    PBGCRegulationsJan 1, 2017
    …67 .516 .565 55 .070 .137 .200 .260 .318 .375 .425 .475 .525 .575 56 .072 .141 .206 .268 .328 .387 .439 .491 .543 57 .074 .145 .212 .27
11. T.C. Memo. 1999-61 — Stephen L. & Colleen Atwood v. Commissioner
    IRCCourt RulingsMar 4, 1999
    …interest, was $39,403.63. The policy had a cash value of $39,843.11, and a cash surrender value of $439.48 ($39,843.11 minus $39,403.63). Upon termination, First Colony sent petitioner husband a check in the amount of the cash surrender value ($439.48). First Colony also issued petitioner husband a Form 1099-R, reflect…
12. T.C. Memo. 2002-130 — Ray C. & Bernadette B. Baas v. Commissioner
    IRCCourt RulingsMay 29, 2002related by meaning
    is Court. Section 72(t) provides that: (1) * * * If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer's tax * * * shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income. Section 72(t)(2) provides…
13. T.C. Summary Opinion 2003-47 — Debra Sue Tussey v. Commissioner
    IRCCourt RulingsApr 30, 2003related by meaning
    , 49 F.2d 111, 113 (4th Cir. 1931), affg. 19 B.T.A. 337 (1930); Fortugno v. Commissioner , 41 T.C. 316, 323-324 (1963), affd. 353 F.2d 429 (3d - 5 - 2 For purposes of sec. 72, all IRA distributions during the year are treated as one distribution. Sec. 408(d)(2). Cir. 1965); Bagnell v. Commissioner , T.C. Memo. 1993-378…
14. T.C. Memo. 2020-38 — Ronald M. Goldberg v. Commissioner
    IRCCourt RulingsApr 2, 2020
    …Court employs a de novo scope of review. Robinette v. Commissioner, 123 T.C. 85, 101 (2004), rev'd, 439 F.3d 455 (8th Cir. 2006); Golsen v. Commissioner, 54 T.C. 742, 757 (1970) (holding Tax Court follows precedent of circuit to which case would be appealable to extent precedent is "squarely in point"), M, 445 F.2d 985…
15. 66 T.C. 348 — Comprehensive Designers International, Ltd. v. Commissioner
    IRCCourt RulingsMay 26, 1976related by meaning
    poses of this case, that the credit which petitioner will obtain is precisely equal to the amount of the creditable foreign taxes in terms of dollars. For the reasons stated, we hold that the foreign tax credit available to petitioner for fiscal 1967 should be adjusted to reflect the dollar cost on the payment date of …
16. 68 T.C. 433 — Newman v. Commissioner
    IRCCourt RulingsJun 29, 1977
    …l income tax return, petitioners reported a total amount received from the retirement system of $20,439.49, which was the total of Mr. Newman’s loan balance of $14,945.63 at retirement and the retirement allowance payments of $5,493.86. However, they excluded that $20,439.49 from their gross income, claiming that their…
17. 101 T.C. 489; 101 T.C. No. 32 — Powell v. Commissioner
    IRCCourt RulingsNov 29, 1993
    …fits); McCarty v. McCarty, 453 U.S. 210 (1981) (military retirement pay); Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979) (railroad retirement benefits); Wissner v. Wissner, 338 U.S. 655 (1950) (deceased army officer’s life insurance); In re Marriage of Hillerman, 167 Cal. Rptr. 240 (Ct. App. 1980) (Social Security benef…
18. T.C. Memo. 2008-142 — Michael Cabirac v. Commissioner
    IRCCourt RulingsMay 22, 2008related by meaning
    Internal Revenue Code . Accordingly, petitioner is liable for the section 6662 penalty . In 2002, petitioner received distributions from a retiremen t plan . Pursuant to section 72(t), a 10H-percent additional tax is i 6 - imposed upon such distributions unless the distributions meet the requirements of one of the exce…
19. T.C. Memo. 1995-469 — C. Merritt & Dorothy Pumphrey v. Commissioner
    IRCCourt RulingsOct 3, 1995related by meaning
    distribution qualified for tax-free rollover treatment under section 402(a)(5); Brown v. Commissioner , T.C. Memo. 1995-93 (same); cf. supra with T.C. Memo. 1993-561. - 13 - 10 It would appear that such stipulation would also affect the amount of the excise tax under sec. 4980A. We leave this matter to the parties as p…
20. T.C. Memo. 2020-1 — Clark J. Gebman & Rebecca Gebman v. Commissioner
    IRCCourt RulingsJan 2, 2020
    …t from Schedule E to Schedule A, Itemized Deductions. Petitioners claimed an NOL carryforward of $1,439,867 for 2007 but did not attach any statement describing or computing that amount. The claimed NOL is based on a Form 1040X, Amended U.S. Individual Income Tax Return, petitioners filed on April 23, 2007, for the tax…