Brief Case
Pension Resource

Search the Pension Law Library

Limit to:Advanced options
Searches the code/regs in effect on that date.
Words mode supports "quoted phrases", +required and -excluded terms.
Document types:
Go to 70 T.C. 1057 (not yet in the library — opens the official source)
70 documents · 0.25sAllIRCERISAPBGCJoint Board
  1. 54 T.C. 1057 — Bernard McMenamy, Contractor, Inc. v. Commissioner
    IRCCourt RulingsMay 25, 1970
    OPINTOlSr In onr tax system, substantial advantages are provided for so-called qualified pension, profit-sharing, stock-bonus, and annuity plans. An employer, which establishes such a plan, may deduct its contributions to it. Sec. 404. The employees, for whom such contributions are made, are not taxable on them at the …
  2. 74 T.C. 1057 — Johnson v. Commissioner
    IRCCourt RulingsAug 12, 1980
    OPINION Chabot, Judge: Respondent determined deficiencies in Federal excise tax under section 4973 against petitioners in the amount of $90 for each of the years 1975 and 1976. The issue for decision is the taxability under section 4973(a) of petitioner-husband’s contribution to an individual retirement account. All of…
  3. 80 FR 22021 — Proposed Amendment to and Proposed Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit P…
    ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
    able solely to the proposed new covered transaction. The proposed new Section IV incorporates conditions currently applicable to PTE 75-1, Part II(2). Specifically, the conditions applicable to the proposed new covered transaction in Section I(b), as set forth in proposed Section IV, are: (1) The fiduciary customarily …
  4. 81 FR 21181 — Amendment to and Partial Revocation of Prohibited Transaction Exemption (PTE) 86-128 for Securities Transactions Involving Employee Benefit Plans and Broker-De…
    ERISAFinal Rules (FR)Apr 8, 2016related by meaning
    s applicable solely to the proposed new covered transaction. The new Section IV incorporates conditions originally applicable to PTE 75-1, Part II(2). Specifically, the conditions applicable to the new covered transaction in Section I(b), as set forth in Section IV, are: (1) The fiduciary customarily sells securities f…
  5. 80 FR 22004 — Proposed Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Em…
    ERISAProposed Rules (FR)Proposed Apr 20, 2015related by meaning
    ed, a class exemption is applicable to a particular transaction only if the transaction satisfies the conditions specified in the class exemption; and (4) If granted, this amended class exemption will be supplemental to, and not in derogation of, any other provisions of ERISA and the Code, including statutory or admini…
  6. 121 T.C. No. 19 — Fortunato J. Mendes v. Commissioner
    IRCCourt RulingsDec 11, 2003
    …. at 773. 12 See Eckel v. Commissioner , T.C. Memo. 1990-174. 13 See, e.g., In re Hatton , 220 F.3d 1057, 1060 (9th Cir.
  7. T.C. Memo. 1998-36 — Neil M. Baizer v. Commissioner
    IRCCourt RulingsJan 27, 1998related by meaning
    ) and (b) of section 4975. Section 4975 was added to the Internal Revenue Code by title II of ERISA. ERISA sec. 2003(a), 88 Stat. 971. Section 4975(a) and (b) imposes a two-tier excise tax on prohibited transactions. The policy behind the enactment of section 4975 was to tax disqualified persons who engage in self-deal…
  8. T.C. Summary Opinion 2001-5 — Fred P. & Patricia M. Brandkamp v. Commissioner
    IRCCourt RulingsJan 23, 2001
    …- T.C. Memo. 1980-532; Johnson v. Commissioner , 661 F.2d 53, 54-55 (5 th Cir. 1981), affg. 74 T.C. 1057 (1980). The statute is unambiguous on this point. Mrs. Brandkamp was an “active
  9. PLR 202315010 — Deferred Compensation
    IRCPrivate Letter RulingsApr 14, 2023
    …, 65 F.3d 90 (7 th Cir.1995); Maryland Deposit Insurance Fund Corp. v. Commissioner , 88 T.C. 1050, 1057-1058 (1987); Minnesota Lawyers Mutual Insurance Co. v. Commissioner , T.C.M. 2000-203, aff'd, 285 F.3d 1086 (8th Cir. 2002). CAVEAT(S): A copy of this technical advice memorandum is to be given to the taxpayer. Sect…
  10. T.C. Memo. 1998-295 — Shedco, Inc. v. Commissioner
    IRCCourt RulingsAug 12, 1998
    …so Bernard McMenamy, Contractor, Inc. v. Commissioner , 442 F.2d 359 (8th Cir. 1971), affg. 54 T.C. 1057 (1970); Time Oil Co. v. Commissioner , 258 F.2d at 238-239. If a violation of the exclusive benefit rule is found, then we look to the totality of the transgressions that occurred in assessing whether it is an abuse…
  11. 41 T.C. 685 — Conroy v. Commissioner
    IRCCourt RulingsFeb 26, 1964related by meaning
    It follows, therefore, that the amounts received by petitioners from the special fund are not excludable from gross income under either section 104 or section 105 unless they are covered by subsection 105(b), subsection 105(c), or subsection 105(d). Only the last subsection (105(d)), to which petitioners make no refere…
  12. T.C. Summary Opinion 2006-184 — William Edward & Patricia Marie Colombell v. Commissioner
    IRCCourt RulingsNov 30, 2006
    …g. T.C. Memo. 1980-532; Johnson v. Commissioner , 661 F.2d 53, 54-55 (5th Cir. 1981), affg. 74 T.C. 1057 (1980). We must conclude that petitioner was, for Internal Revenue Code purposes, an active participant in Inova’s retirement plan in 2002. Conclusion The tax code is complex, see generally Cheek v. United States , …
  13. T.C. Memo. 2012-346 — Esmat Zaklama, Deceased v. Commissioner
    IRCCourt RulingsDec 18, 2012
    …r, 134 T.C. 20, 28 (2010), aff'd, 658 F.3d 1255 (11th Cir. 2011); Nicholas v. Commissioner, 70 T.C. 1057, 1064 (1978); sec. 1.6001-1(a), Income Tax Regs. Section 446(b) lets the Commissioner reconstruct a taxpayer's income using any method that in the Commissioner's opinion clearly reflects income when the taxpayer fai…
  14. T.C. Summary Opinion 2003-83 — Manuel Francisco Palomo & Jane Lyon Potter v. Commissioner
    IRCCourt RulingsJun 24, 2003related by meaning
    tract unless such amounts are specifically excluded from gross income under other provisions of chapter 1 of the Code. The burden is on petitioners to demonstrate that the payments in question fall into a specific statutory exclusion. See Commissioner v. Glenshaw Glass Co. , 348 U.S. at 429-431. Under section 72(t), a …
  15. T.C. Memo. 2017-125 — Jeremy Ray Summers v. Commissioner
    IRCCourt RulingsJun 26, 2017related by meaning
    t to "a former spouse * * * who is recognized by a domestic relations order as having a right to receive" a share of the proceeds. See sec. 414(p)(8). Second, the distribution was not made "pursuant to a qualified domestic relations order." Although Jeremy's petition for dissolution of marriage requested a 50-50 divisi…
  16. T.C. Memo. 2001-317 — Herbert L. & Jennifer L. Whitehead v. Commissioner
    IRCCourt RulingsDec 20, 2001
    …gs in this case under Rule 155. See sec. 4973(a) (last sentence); Johnson v. Commissioner , 74 T.C. 1057, 1062 (1980), affd. 661 F.2d 53 (5th Cir. 1981); Guest v. Commissioner , 72 T.C. 768, 779-780 (1979). a deduction under section 219 for such contributions, sec. 4973(b)(1), and (2) the amount determined under sectio…
  17. 108 T.C. No. 5 — George & Elam Campbell v. Commissioner
    IRCCourt RulingsFeb 18, 1997
    …er Elam Campbell might otherwise be concerned, see sec. 4980A(b); Johnson v. Commissioner , 74 T.C. 1057, 1062 (1980), affd. 661 F.2d 53 (5th Cir. 1981). The Parties' Concessions The distribution from petitioner's Delaware Charter IRA is deemed to have occurred before the due date of petitioners' income tax return for …
  18. T.C. Memo. 1996-224 — Richard L. & Marjorie A. Freese v. Commissioner
    IRCCourt RulingsMay 16, 1996
    …ioner , supra at 171; see also Johnson v. Commissioner , 661 F.2d 53 (5th Cir. 1981), affg. 74 T.C. 1057, 1060 (1980). Petitioner finally contends that because he was an involuntary member of PERS, was only employed for 9 weeks during 1990, only contributed $133.88 in that time, and forfeited all rights under PERS when…
  19. 150 T.C. No. 7 — Celia Mazzei v. Commissioner
    IRCCourt RulingsMar 5, 2018
    …xpayer had a non-tax business purpose for the transaction)." Reddam v. Commissioner, 755 F.3d 1051, 1057 (9th Cir. 2014), T.C. Memo. 2012-106; see also Bank of N.Y. Mellon Corp. v. Commissioner, 801 F.3d 104, 115 (2d Cir. 2015), 140 T.C. 15 (2013) and
  20. 81 FR 21139 — Amendment to Prohibited Transaction Exemption (PTE) 75-1, Part V, Exemptions From Prohibitions Respecting Certain Classes of Transactions Involving Employee Be…
    ERISAFinal Rules (FR)Apr 8, 2016related by meaning
    75(e)(1) of the Code are included within the scope of relief provided by PTE 75-1 because it was issued jointly by the Department and the Service. See PTE 2002-13, 67 FR 9483 (March 1, 2002) (preamble discussion). For simplicity and consistency with the other new exemptions and amendments to other existing exemptions p…