IRCCourt RulingsOct 10, 1979★ strong match
r Rule 155.
Statutory references are to the Internal Revenue Code of 1954, as amended and effective in the years in issue, unless otherwise indicated. Petitioner’s constitutional claim was originally presented in the form of a motion for summary judgment, but with leave of the Court, the motion was withdrawn by petitio…
IRCCourt RulingsSep 24, 2007related by meaning
T .C . Memo . 2007-292
UNITED STATES TAX COUR T
HUBERT JOUBERT, Petitioner V .
COMMISSIONER OF INTERNAL REVENUE, Responden t
Docket No . 8769-06 . Filed September 24, 2007 .
P failed to file a Federal income tax return for 2002 .
R determined a deficiency and asserted in the notic e
deficiency, the answer, and the pret…
IRCCourt RulingsDec 29, 2005related by meaning
lusion, we need not decide
respondent's contention regarding the fact that petitioner did
not receive a determination from the United States competent authority as to whether the French retirement plan generally
corresponds to a United States retirement plan or that certain
documents, including Exhibits 9-P and 12-P, a…
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…
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…
IRCCourt RulingsFeb 24, 2014
…ctory and does not relate to the essence of the statute. Taylor v.
Commissioner, 67 T.C. 1071, 1077-1078 (1977).
IRCCourt RulingsMay 14, 2001related by meaning
December 19, 1989,
- 6 -
for tax years ending after the date of enactment. See OBRA sec.
7841(a)(3), 103 Stat. 2428. The court order in this case was issued in 1985; it precedes the effective date of section
414(p)(11) and cannot qualify as a QDRO.
The decree provided that petitioner is to receive a "sum of
money equa…
IRCCourt RulingsSep 23, 2019related by meaning
or the taxing
authority that imposed the levy. Petitioners have not shown that they are eligible
for the exception for tax levies under section 72(t). Petitioners also contend that the remaining portion of the $17,500 was a
loan which they used to purchase a home in Vermont in 2013. Petitioners
provided only Form 1099-…
IRCCourt RulingsJul 24, 1991related by meaning
Yolanda) was the distributee (within the meaning of section 402(a)(1)) of the entire distribution here in dispute.
II. Taxability of the Distribution Preliminarily, we note that the apparent effect of petitioner’s contention that section 72 authorizes him to exclude $75,000 from income — if we were to agree with it — …
IRCCourt RulingsSep 11, 1972
… as to the portion of premiums paid for the life insurance features of the contract as follows (pp. 1078-1079) :
133 T.C. No. 9 — Taproot Administrative Services, Inc. v. Commissioner IRCCourt RulingsSep 29, 2009
…as a -shareholder of any S
corporation whose stock is owned by the ESBT, T .D . 8994, 2002-1
C .B . 1078 ; and less . than a year ago (providing that the
beneficiary of an ESBT orrthe beneficiary
. of an IRA are
considered the S corporation shareholders, T
.D . 9422, 2008-2 C .B .
8 .98 .
- 40 -
corporation stock, the …
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 RulingsOct 19, 1981
…t the transactions between the taxpayer and his corporation were not at arm’s-length, we stated (p. 1078):
IRCCourt RulingsDec 2, 1981related by meaning
n the deficiency actions and, thus, we must follow the legislature’s mandate and dismiss this case.
An appropriate order of dismissal will be entered. ^ince this is a preliminary jurisdictional motion, the Court has concluded that the post-trial procedures of Rule 182, Tax Court Rules of Practice and Procedure, are not…
IRCCourt RulingsJun 3, 1998
…ld be
relieved of the accuracy-related penalty for negligence.
Cf. Pappas v. Commissioner
, 78 T.C. 1078, 1092 (1982);
Sweatman v. Commissioner
, T.C. Memo. 1997-468; Drummond
v. Commissioner
, T.C. Memo. 1997-71; Balkissoon v.
- 37 -
Commissioner
, T.C. Memo. 1992-223; Banks v. Commissioner
,
T.C. Memo. 1991-641. Acco…
IRCCourt RulingsJul 2, 2003
…f business, they
may be fulfilled by substantial compliance. Taylor v.
Commissioner
, supra
at 1077-1078; Sperapani v. Commissioner
,
supra
at 330-331.
We need not address whether all the requirements of section
414(p) go to the essence of the statute or are merely procedural
because we find that the divorce judgment a…
IRCCourt RulingsAug 24, 1995related by meaning
drawn therefrom), but that, if such order were not a QDRO, petitioner’s ex-husband and not petitioner would be taxable in respect of the distribution. As will subsequently become apparent, such all-or-nothing treatment will not necessarily flow from our decision herein. Indeed, the road to decision herein is a rocky on…
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…
IRCCourt RulingsJan 9, 2020
…ctory and does not relate to the essence of the statute. Taylor v.
Commissioner, 67 T.C. 1071, 1077-1078 (1977). Petitioner relies on Bond v.
Commissioner, 100 T.C. 32 (1993), where the Court found the regulations under
section 170(a) are directory and not mandatory with respect to the section 170
statutory purpose. In…
IRCCourt RulingsAug 1, 2012related by meaning
4, 2011, but was continued on petitioners' motion so that the parties
could determine the amounts of nondeductible contributions to the IRAs. The case was continued to March 23, 2011, but was thereafter continued again on
petitioners' motion so that they could take a trip out of the country.
By notice served May 9, 201…