Reinhardt v. Commissioner
United States Tax Court
P was a physician and a shareholder-employee of C, a professional corporation that renders medical care and treatment through duly licensed physicians. As such, P was covered by C's qualified profit-sharing and pension plans that were available only to physicians who were shareholder-employees.
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P was a physician and a shareholder-employee of C, a professional corporation that renders medical care and treatment through duly licensed physicians. As such, P was covered by C's qualified profit-sharing and pension plans that were available only to physicians who were shareholder-employees. P sold his C stock, divested himself of all his economic interests related to C, and terminated his employee relationship with C. Shortly thereafter, P entered into an independent contractor relationship with C and continued to provide the same services as a physician. Upon terminating his employee…
1Opinion of the Court
OPINION
Parker, Judge:
Respondent determined a deficiency in petitioners’ 1979 Federal income tax in the amount of $43,671. The issue for decision is whether petitioners properly reported a distribution from qualified profit-sharing and pension plans under the 10-year averaging method provided by section 402(e)(1).1 Resolution of this issue depends on whether petitioner Jules Reinhardt’s change of employment status from that of employee to that of independent contractor was a "separation from the service” within the meaning of section 402(e)(4)(A)(iii), even though he continued to perform…
2Cases cited24 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
- United States v. SilkSupreme Court of the United States · 1947
- Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
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3Cited by24 opinions
- Borchers v. CommissionerUnited States Tax Court · 1990
- Lenz v. CommissionerUnited States Tax Court · 1993
- Rudolph F. Adler Jacquelyn L. Adler v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1996
- Halliburton Co. v. CommissionerUnited States Tax Court · 1993
- Burton v. CommissionerUnited States Tax Court · 1992
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