IRCCourt RulingsFeb 11, 2013
…olations or (ii) to
enforce any * * * terms of the plan.'" Sereboff v. Mid. Atl. Med. Servs., Inc., 547
U.S. 356, 361 (2006)(quoting 29 U.S.C. sec. 1132(a)(3)). The trustee may only
obtain relief under section 1132(a)(2), howevèr, if the relief sought falls within
"'those categories of relief that were typically availa…
IRCCourt RulingsDec 4, 2017
…ment reducing petitioner's deduction for alimony paid from $51,147 to
$39,600, an adjustment of $11,547. Respondent made the adjustment because he
did not believe that a payment of that amount--equal to a portion of the
employment-related bonus that petitioner received in 2012--constituted deductible
alimony. Petitione…
133 T.C. No. 9 — Taproot Administrative Services, Inc. v. Commissioner IRCCourt RulingsSep 29, 2009
…n the limited case of banks desiring to elect S status . Se e
Traynor v . Turnaae , 485 U .S . 535, 547 (1988),("If Congress ha d
intended : instead that primary alcoholism not be deemed `willful
misconduct' for purposes of § 1662(a)( .1),, as it had been deeme d
IRCCourt RulingsSep 19, 1978★ strong match
… Federal income tax:
Docket No. TYE— Deficiency
10703-75 ..Oct. 31; 1970 $6,517.00
Oct.. 31, 1971 7,547.00
903-77 .Oct. 31, 1972 2,108.74
Sept. 30, 1973 2,067.29
The sole issue remaining for decision is whether petitioner is barred from deducting, under section 404(a)(3), payments made to a profit-sharing trust on the …
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…
T.C. Memo. 1999-80 — Edward Clasby and C. T. Garrahan Insurance Agency, Inc. v. Commissioner IRCCourt RulingsMar 16, 1999related by meaning
itioner and his wife
owned 100 percent of the Garrahan Agency, and since petitioner is
a disqualified person under section 4975(e)(2)(A), the Garrahan Agency is a disqualified person under section 4975(e)(2)(G).
3. Conclusion
The Garrahan Agency is a disqualified person under section
4975(e)(2), and thus it and petitio…
IRCCourt RulingsFeb 12, 2008
…ations and distinctions in tax
statutes ." Regan v . Taxation With Representation , 461 U .S . 540,
547 (1983) . A taxpayer challenging the constitutionality of a
tax classification on equal protection grounds must bear the very
heavy burden of negating "every conceivable basis which might
support it ." Id . at 547-548…
IRCCourt RulingsFeb 18, 1997related by meaning
ioner's retirement distribution's
being taxed twice. We think petitioners' contention is
meritorious. Here we take note of the long-standing principle that double taxation is to be avoided unless expressly intended
by Congress. E.g., Maass v. Higgins
, 312 U.S. 443, 449 (1941);
United States v. Supplee-Biddle Hardware …
50 T.C. 771 — New England Tank Industries, Inc. v. Commissioner IRCCourt RulingsAug 26, 1968★ strong match
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…
IRCCourt RulingsMar 10, 2020
…stinctions in the tax statutes." Regan v.
Taxation With Representation of Washington, 461 U.S. 540, 547
(1983); see also Barter v. United States, 550 F.2d 1239, 1240 (7th
Cir. 1977) (per curiam) (statutory difference in tax rates for married
couples and single individuals does not violate due process of law of
the Fift…
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…
91 FR 16088 — Fiduciary Duties in Selecting Designated Investment Alternatives ERISAProposed Rules (FR)Proposed Mar 31, 2026
…ate Equity to 401(k) Plans on Retirement Income Adequacy,
Emp. Benefit Rsch. Inst., Issue Brief No. 547 (Dec. 2021).
Back to Citation
184.
An individual is considered to have adequate retirement savings if they have enough expected funds from Social Security income and tax-qualified individual accounts to cover expens…
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…
IRCCourt RulingsMar 16, 2015related by meaning
report the initial retirement distribution of $4,984 from State Street;
that his aggregate retirement distribution of $211,499 was includible in gross income; that he was liable under section 72(t) for additional tax equal to 10% of
the retirement distribution includible in gross income; and that he was liable for an
a…
IRCCourt RulingsJan 14, 2013
…monstrated qualifications and all other evidence in the record. See Parker v.
Commissioner, 86 T.C. 547, 561 (1986). We are not bound by an expert's opinion
IRCCourt RulingsJul 31, 2000
…285; IT&S of Iowa, Inc. v. Commissioner
, 97
T.C. 496, 508 (1991); Parker v. Commissioner
, 86 T.C. 547, 562
(1986); see also Pabst Brewing Co. v. Commissioner
, T.C. Memo.
89 FR 23090 — Amendment to Prohibited Transaction Class Exemption 84-14 for Transactions Determined by Independent Qualified Professional Asset Managers (the QPAM Exemption) ERISAFinal Rules (FR)Apr 3, 2024
…e C. The number of total Plans with QPAM relationships is estimated as: (64,216/87,559) × 746,610 = 547,566 Plan client relationships. This equates to an average of 50 clients per QPAM, calculated as: 547,566 Plan client relationships/10,855 unique QPAMs = 50.44 Plan clients per QPAM, rounded to 50.
Back to Citation
88…
86 FR 36872 — Requirements Related to Surprise Billing; Part I IRCFinal Rules (FR)Jul 13, 2021
s Undergoing Elective Surgery With In-Network Primary Surgeons and Facilities, 2020;323(6):538-547. doi:10.1001/jama.2019.21463.
Back to Citation
113. Cooper Z. et al., Out-of-Network Billing And Negotiated Payments for Hospital-Based Physicians, Health Affairs 39, No. 1, 2020. doi: 10.1377/hlthaff.2019.00507.
Back to…
IRCCourt RulingsJun 14, 1982related by meaning
nder the Sixth and Ninth Amendments of the Constitution were not violated by our actions in the instant case.
Decision will be entered under Rule 155. By stipulation, respondent concedes that the $1,562 figure is the product of an erroneous computation in the statutory notice of deficiency and that should respondent pr…
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…