Legal Opinion

Bianchi v. Commissioner

United States Tax Court

Decided May 20, 1976No. Docket No. 8152-74PublishedCited by 23 opinions

Petitioner-husband organized a corporation for his dental practice, which elected subch. S status. The corporation elected a first taxable year of 7 days during which it adopted a pension plan covering petitioner-husband and his dental assistant.

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Petitioner-husband organized a corporation for his dental practice, which elected subch. S status. The corporation elected a first taxable year of 7 days during which it adopted a pension plan covering petitioner-husband and his dental assistant. The corporation made its initial contribution to the plan covering the ensuing 12 months on the last day of its first (7-day) taxable year from funds lent to the corporation by petitioner secured by a demand, non-interest-bearing note. The deduction produced a net operating loss for the corporation which petitioners deducted on their return. Held,…

1Opinion of the Court

Goffe, Judge:

The Commissioner determined a deficiency in petitioners’ 1970 Federal income tax in the amount of $9,554.75 and addition to tax for the negligence penalty (sec. 6653(a), I.R.C. 1954) in the amount of $477.74. “Petitioner” shall hereinafter refer to petitioner Angelo J. Bianchi. The issues for decision are:(1) Whether petitioner’s wholly owned subchapter S corporation, on its initial income tax return for its first taxable year of 7 days, may deduct the full amount of its initial contribution to its pension plan providing pension plan benefit coverage to petitioner and one…

2Cases cited19 opinions

  1. Botany Worsted Mills v. United StatesSupreme Court of the United States · 1929
  2. Burnet v. ClarkSupreme Court of the United States · 1932
  3. Dalton v. BowersSupreme Court of the United States · 1932
  4. Lucas v. Ox Fibre Brush Co.Supreme Court of the United States · 1930
  5. Charles Oran Mensik and Mary Mensik v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1964

14 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Foglesong v. CommissionerUnited States Tax Court · 1981
  2. La Mastro v. CommissionerUnited States Tax Court · 1979
  3. White v. CommissionerDistrict Court, D. Colorado · 1982
  4. Curtis v. CommissionerUnited States Tax Court · 1994
  5. Sellers v. CommissionerUnited States Tax Court · 1977

18 more not listed; retrieve them via the Exa API.

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