Hill, Farrer & Burrill v. Commissioner
United States Tax Court
Petitioner, a 19-member partnership engaged in the practice of law, adopted an employees' profit-sharing plan which meets all the requirements for qualification except certain ones applicable to plans which provide contributions or benefits for employees some or all of whom are "owner-[employees]" as defined in sec. 401(c)(3)(B), I.R.C. 1954. Petitioner's capital gains and one-third of its net profits are divided among its partners in proportion to their substantially equal…
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Petitioner, a 19-member partnership engaged in the practice of law, adopted an employees' profit-sharing plan which meets all the requirements for qualification except certain ones applicable to plans which provide contributions or benefits for employees some or all of whom are "owner-[employees]" as defined in sec. 401(c)(3)(B), I.R.C. 1954. Petitioner's capital gains and one-third of its net profits are divided among its partners in proportion to their substantially equal capital contributions, and the other two-thirds of its profits are divided "on the basis that the total profit to the…
1Opinion of the Court
OPINION
Featherston, Judge:
Petitioner has instituted this action pursuant to section 74761 for a declaratory judgment that its employees’ profit-sharing plan adopted on June 27, 1975, and amended effective November 7, 1975, is a qualified one under section 401(a). The parties agree that all jurisdictional requirements have been met and, pursuant to Rule 217 of the Rules of Practice and Procedure of this Court, have filed with the Court so much of the administrative record as they deem necessary for a complete disposition of the action. No evidence other than the administrative record has been…
2Cases cited8 opinions
- United States v. Arthur R. Kintner and Alyce KintnerCourt of Appeals for the Ninth Circuit · 1954
- Packard v. CommissionerUnited States Tax Court · 1975
- United States v. R. T. And Gertrude WoolseyCourt of Appeals for the Fifth Circuit · 1964
- Lester Wm. Roth and Gertrude F. Roth v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1963
- Roth v. CommissionerUnited States Tax Court · 1962
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hill, Farrer & Burrill v. CommissionerCourt of Appeals for the Ninth Circuit · 1979
- Hill, Farrer & Burrill v. CommissionerUnited States Tax Court · 1976
- Hill, Farrer & Burrill, a General Partnership v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1979