Search the Pension Law Library

1. T.C. Memo. 2020-147 — Ram Ratan Sharma & Shakuntala Sharma v. Commissioner
   IRCCourt RulingsOct 29, 2020
   …e year is disallowed, and the disallowed loss is carried forward to the next taxable year. See sec. 469(a) and (b). A passive activity loss is the amount by which the aggregate losses from all passive activities for the taxable year exceed the aggregate income from all passive activities for such year. Sec. 469(d)(1). …
2. T.C. Memo. 2010-200 — Cheryl Elizabeth & Don Edward Hill v. Commissioner
   IRCCourt RulingsSep 13, 2010
   …tivity is , any tradeor business in which the taxpayer does not materially , participate .` . Sec . 469 ( c)(1) . Rental activity is treated as a per se passive activity- regardless -of whether the taxpaye r materially participates . Sec . 469(c)(2), (4) . Under section 469(c)(7)(B),'the rental activities of . taxpayer…
3. T.C. Memo. 2005-173 — Transport Labor Contract/Leasing, Inc. & Subsidiaries v. Commissioner
   IRCCourt RulingsJul 14, 2005related by meaning
   ld a second trial at which petitioner would introduce new evidence in support of that position. With respect to petitioner's tax duplication argument, petitioner asserts: As a result of the Court's Opinion in this case and without a Rule 155 proceeding, respondent will be in a windfall position-it will have collected t…
4. T.C. Memo. 2024-6 — Clair R. Couturier, Jr. v. Commissioner
   IRCCourt RulingsJan 17, 2024related by meaning
   Title 26 U.S.C. (Code) , in effect at all relevant times, and Rule references are to the Tax Court Rules of Practice and Procedure . Served 01/17/24 2 [* 2 ] deficiencies under section 4973 in th e aggregate amount of $8,476,705 . The notices also determined additions to tax under section 6651(a)(1) and (2) and accurac…
5. T.C. Memo. 2022-69 — Clair R. Couturier, Jr. v. Commissioner
   IRCCourt RulingsJul 6, 2022related by meaning
   s are to the Tax Court Rules of Practice and Procedure. Served 07/06/22 2 [* 2 ] under section 4973, plus associated additions to tax and penalties. 2 Currently before the Court is petitioner’s Motion for Summary Jud gment under Rule 121. Petitioner contends that the IRS “is precluded as a matter of law from asserting …
6. T.C. Memo. 2013-10 — Robert A. & Pearl Fletcher v. Commissioner
   IRCCourt RulingsJan 14, 2013
   …993 957,930 (8,463) 31,601 23,138 1994 982,305 34,585 32,410 66,995 1995 1,066,006 22,767 20,702 43,469 1996 1,127,454 16,063 33,092 49,155 1997 1,169,540 22,903 18,346 41,249 1998 1,238,596 44,632 30,033 74,665 1999 1,265,554 81,916 12,980 94,896
7. 72 T.C. 377 — La Mastro v. Commissioner
   IRCCourt RulingsMay 23, 1979★ strong match
   …17 1972 51,000 19,973 70,973 1973 51,000 19,973 70,973 19742 52,000 ' 20,021 72,021 19752 63,000 20,469 83,469
8. T.C. Summary Opinion 2004-127 — Rowland Setyono v. Commissioner
   IRCCourt RulingsSep 13, 2004
   …the issues without regard to the burden of proof. 1. Petitioner's Rental Real Estate Losses Section 469(a) generally disallows passive activity losses. Section 469(d)(1) defines "passive activity loss" as the excess of passive activity losses over passive activity income for the taxable year. Under section 469(c)(2), p…
9. T.C. Memo. 2005-298 — Isabelle Bichindaritz v. Commissioner
   IRCCourt RulingsDec 29, 2005related by meaning
   d the $1,916 payment as a qualified retirement contribution to an individual retirement account (IRA). She contended in her pretrial memorandum and at trial that she properly deducted that amount as an IRA contribution. In the opening brief, respondent argued that section 219(g)(5) limits IRA deductions for active part…
10. T.C. Memo. 1997-487 — Richard Walter Drake v. Commissioner
    IRCCourt RulingsOct 28, 1997
    …fficient evidence corroborating the taxpayer's own statement". Sec. 274(d). Rental Expenses Section 469 limits the allowance of passive activity losses. Section 469(a) provides that for an individual, no passive activity loss will be allowed for a taxable year. Section 469(c)(2) defines the term "passive activity" to i…
11. 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…
12. T.C. Memo. 2019-17 — Burbach Aquatics, Inc. v. Commissioner
    IRCCourt RulingsMar 7, 2019
    … deductions only for property it owns, Arevalo v. Commissioner, 124 T.C. 244, 251-52 (2005), aff d, 469 F.3d 436 (5th Cir. 2006), and can start depreciating property only when it first places the property into service in its trade or business, sec. 1.167(a)-10(b), Income Tax Regs. To prove entitlement to a depreciation…
13. T.C. Memo. 2012-104 — Jerald W. & Claudia K. White v. Commissioner
    IRCCourt RulingsApr 11, 2012★ strong match
    Notice 95-34 the IRS provided guidance on the tax problems raised by certain trust arrangements in seeking to qualify for jexemption from section 419. Furthermore, before any of the years at issue, this Court issued Neonatology Assocs., P.A. v. Commissioner, 115 T.C. 43. We therefore conclude that there was not substan…
14. 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. …
15. T.C. Memo. 1996-502 — Elaine S. Bennett v. Commissioner
    IRCCourt RulingsNov 7, 1996related by meaning
    T.C. Memo. 1996-502 UNITED STATES TAX COURT ELAINE S. BENNETT, Petitioner v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8545-96. Filed November 7, 1996. Vernon E. Robbins , for petitioner. Alan R. Peregoy , for respondent. MEMORANDUM OPINION DAWSON, Judge : This case was assigned to Special Trial Judge Ro…
16. T.C. Summary Opinion 2006-184 — William Edward & Patricia Marie Colombell v. Commissioner
    IRCCourt RulingsNov 30, 2006related by meaning
    1 Unless otherwise indicated, all subsequent section references are to the Internal Revenue Code in effect for 2002, the taxable year in issue. T.C. Summary Opinion 2006-184 UNITED STATES TAX COURT WILLIAM EDWARD AND PATRICIA MARIE COLOMBELL, Petitioners v . COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 23979…
17. T.C. Memo. 2022-100 — Donald Furrer & Rita Furrer v. Commissioner
    IRCCourt RulingsSep 28, 2022
    …hat petitioners had contributed to CRAT I corn and soybeans with a fair market va l ue (F M V) of $ 469,003 and a cost basis of zero. On the 2016 return he reported that petitioners had contributed to CRAT II c orn and soybeans with a n FMV of $ 666,975 and a cost basis of zero. 2 For purposes o f this litigation respo…
18. T.C. Memo. 1998-399 — Ronny H. & Charlotte A. Schmalzer v. Commissioner
    IRCCourt RulingsNov 10, 1998related by meaning
    tstanding rollover involved in this case. Accordingly, the amount of excludable basis in the instant case is computed by multiplying the amount of the distribution $6,100 by a fraction the numerator of which is $1,950 and the denominator of which is $1,374.53 plus $6,100, resulting in an amount excludable of $1,591.40.…
19. 115 T.C. No. 19 — Flahertys Arden Bowl, Inc. v. Commissioner
    IRCCourt RulingsSep 25, 2000
    … and each part should be given its full effect. See McNutt-Boyce Co. v. Commissioner , 38 T.C. 462, 469 (1962), affd. per curiam 324 F.2d 957 (5th Cir. 1963). When identical words are used in different parts of the same act, they are intended to have the same meaning. See Commissioner v. Keystone Consol. Indus., Inc. ,…
20. 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…