Funkhouser v. Commissioner
United States Tax Court
Entire business enterprise of existing consolidated corporation was transferred to a new corporation which took over employees of the transferor corporation and assumed the obligations of the latter corporation under an existing pension trust agreement. Some months thereafter, while the pension trust agreement thus taken over by the new corporation remained in effect, the trustee distributed to T, upon T's request, the proceeds of two policies held in the trust.
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Entire business enterprise of existing consolidated corporation was transferred to a new corporation which took over employees of the transferor corporation and assumed the obligations of the latter corporation under an existing pension trust agreement. Some months thereafter, while the pension trust agreement thus taken over by the new corporation remained in effect, the trustee distributed to T, upon T's request, the proceeds of two policies held in the trust. T, although then past retirement age, remained an employee of the new corporation for at least 2 more years. Held, the distributions…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency in income tax in the amount of $30,344.34 against E. N. Funkhouser and Nellie S. Funkhouser, husband and wife, for their calendar year 1959. They resided in Hagerstown, Md., and had filed joint returns with the district director at Baltimore. The wife has since died, and the husband appears here as petitioner both in his own right and as representative of his wife’s estate. The only issue presently requiring an adjudication by this Court is whether two distributions to petitioner in 1959 totaling $56,761.13 from an employee pension…
2Cases cited13 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, DeceasedCourt of Appeals for the Fifth Circuit · 1964
- Miller v. CommissionerUnited States Tax Court · 1954
- Glinske v. CommissionerUnited States Tax Court · 1951
- United States v. Ben Martin and Rachel T. MartinCourt of Appeals for the Eighth Circuit · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gittens v. CommissionerUnited States Tax Court · 1968
- Reinhardt v. CommissionerUnited States Tax Court · 1985
- Rudolph F. Adler Jacquelyn L. Adler v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1996
- Patty R. Smith v. United StatesCourt of Appeals for the Sixth Circuit · 1972
- Schlegel v. CommissionerUnited States Tax Court · 1966
19 more not listed; retrieve them via the Exa API.