Molasky v. Commissioner
United States Tax Court
Held, petitioners may not raise income averaging under secs. 1301- 1305, I.R.C. 1954, as a new issue in connection with a computation under Rule 155, Tax Court Rules of Practice and Procedure.
1Opinion of the Court
OPINION
FAY, Judge:
This case comes before us on the parties’ respective Rule 1551 computations for entry of decision. The sole issue for decision is whether petitioners are entitled to utilize income averaging in computing, pursuant to Rule 155, the amount to be entered in the decision of deficiency against petitioners with respect to their 1981 taxable year.
Trial of this case took place on June 11, 1987. Petitioners appeared and were represented by counsel. The taxable year before the Court was 1981. The only item which was placed in dispute by the pleadings, and which was the subject matter…
2Cases cited5 opinions
- Cloes v. CommissionerUnited States Tax Court · 1982
- Hosking v. CommissionerUnited States Tax Court · 1974
- Estate of Papson v. CommissionerUnited States Tax Court · 1980
- Combs v. United StatesDistrict Court, E.D. Kentucky · 1978
- Leslie B. Combs II v. United StatesCourt of Appeals for the Sixth Circuit · 1981
3Cited by15 opinions
- Allan & Gloria Molasky v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1990
- David B. Greenberg v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 2021
- Vest v. CommissionerUnited States Tax Court · 1995
- Yoo Han & Co. v. CommissionerUnited States Tax Court · 1991
- GladstoneUnited States Tax Court · 1992
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