Legal Opinion

E. F. Higgins & Co. v. Commissioner

United States Tax Court

Decided August 11, 1980No. Docket Nos. 5315-79, 5316-79Published

EFH, a corporate employer, established a profit-sharing plan with the majority of its participants being corporate officers, shareholders, supervisors, and highly compensated personnel. Its union employees were covered by pension plans established under collective bargaining agreements.

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EFH, a corporate employer, established a profit-sharing plan with the majority of its participants being corporate officers, shareholders, supervisors, and highly compensated personnel. Its union employees were covered by pension plans established under collective bargaining agreements. The union employees independently determined the percentage of their compensation contributed by EFH to their pension plans and chose a percentage less than that which the employer contributed to its profit-sharing plan. The profit-sharing plan provided benefits for its participants superior to those provided…

1Opinion of the Court

E. F. Higgins & Co., Inc., Petitioner v. Commissioner of Internal Revenue, Respondent; E. F. Higgins Profit-Sharing Retirement Trust, E. F. Higgins, Jr., Trustee, Petitioner v. Commissioner of Internal Revenue, Respondent

E. F. Higgins & Co. v. Commissioner

Docket Nos. 5315-79, 5316-79

United States Tax Court

74 T.C. 1029; 1980 U.S. Tax Ct. LEXIS 81;

August 11, 1980, Filed

Decision will be entered for the respondent.

EFH, a corporate employer, established a profit-sharing plan with the majority of its participants being corporate officers, shareholders, supervisors, and highly compensated personnel.…

Also in this document: Concurrence.

2Cases cited24 opinions

  1. Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
  2. Helvering v. American Dental Co.Supreme Court of the United States · 1943
  3. Miles v. Safe Deposit & Trust Co. of BaltimoreSupreme Court of the United States · 1922
  4. Harold D. Greenwald and Nana Greenwald, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
  5. Ed & Jim Fleitz, Inc. v. CommissionerUnited States Tax Court · 1968

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