Legal Opinion

McGuire v. Comm'r

United States Tax Court

Decided August 28, 2017No. Docket No. 17312-16Published

Ps received an advance premium tax credit under the Affordable Care Act. That credit was paid directly to a health insurance provider to reduce the amount of the premium to be paid by Ps. As a result of a change in financial circumstances, Ps ultimately were not entitled to the premium tax credit. After the close of the tax year, Ps did not receive a Form 1095-A, Health Insurance Marketplace Statement.

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Ps received an advance premium tax credit under the Affordable Care Act. That credit was paid directly to a health insurance provider to reduce the amount of the premium to be paid by Ps. As a result of a change in financial circumstances, Ps ultimately were not entitled to the premium tax credit. After the close of the tax year, Ps did not receive a Form 1095-A, Health Insurance Marketplace Statement. Ps did not report the excess tax credit as an increase to tax on their return. Held: The Court does not have the equitable power to override the clear and unambiguous language of the Internal…

1Opinion of the Court

STEVEN A. MCGUIRE AND ROBIN L. MCGUIRE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

McGuire v. Comm'r

Docket No. 17312-16.

United States Tax Court

2017 U.S. Tax Ct. LEXIS 42; 149 T.C. No. 9;

August 28, 2017, Filed

Decision will be entered for respondent as to the tax and for petitioners as to the penalty.

Ps received an advance premium tax credit under the Affordable Care Act. That credit was paid directly to a health insurance provider to reduce the amount of the premium to be paid by Ps. As a result of a change in financial circumstances, Ps ultimately were not entitled to the…

2Cases cited6 opinions

  1. Commissioner v. McCoySupreme Court of the United States · 1987
  2. Monroe J. Paxman and Shirley B. Paxman v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1969
  3. Paxman v. CommissionerUnited States Tax Court · 1968
  4. Stovall v. CommissionerUnited States Tax Court · 1993
  5. Du Poux v. CommissionerUnited States Tax Court · 1994

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