Legal Opinion

Gallade v. Commissioner

United States Tax Court

Decided May 28, 1996No. Docket Nos. 791-94, 792-94PublishedCited by 6 opinions

C, P's wholly owned corporation, operated a pension plan in which P participated. Because of C's poor financial disposition, P executed a "waiver", to assign his fully vested, accrued benefits to C. Due to the waiver, P did not report any taxable distribution.

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C, P's wholly owned corporation, operated a pension plan in which P participated. Because of C's poor financial disposition, P executed a "waiver", to assign his fully vested, accrued benefits to C. Due to the waiver, P did not report any taxable distribution. R determined that P's waiver was an impermissible attempt to assign or alienate his benefits in violation of sec. 206(d)(1) of ERISA and sec. 401(a)(13), I.R.C. 1. Held: P received a taxable distribution. 2. Held, further, the distribution was received by P in 1986. 3. Held, further, R abused her discretion by failing to waive the…

1Opinion of the Court

Gerber, Judge:

Respondent alternatively determined a $540,716 income tax deficiency and a $135,179 addition to tax under section 66611 for the 1985 tax year, or a $537,808 income tax deficiency and a $107,562 addition to tax under section 6661 for the 1986 tax year. The issues remaining for our consideration are: (1) Whether petitioner’s waiver of his pension plan benefits and use of them by his wholly owned corporation resulted in a taxable distribution to him; (2) if it is a taxable distribution, whether it is recognizable in 1985 or 1986; and (3) whether petitioner is liable for an addition…

2Cases cited26 opinions

  1. Lucas v. EarlSupreme Court of the United States · 1930
  2. Guidry v. Sheet Metal Workers National Pension FundSupreme Court of the United States · 1990
  3. Pallottini v. CommissionerUnited States Tax Court · 1988
  4. Mailman v. CommissionerUnited States Tax Court · 1988
  5. James Karr and Nancy L. Karr v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1991

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

3Cited by6 opinions

  1. Martin Ice Cream Co. v. Comm'rUnited States Tax Court · 1998
  2. Family Chiropractic Sports Injury & Rehab Clinic v. Comm'rUnited States Tax Court · 2016
  3. Alfred E. Gallade v. CommissionerUnited States Tax Court · 1996
  4. Gallade v. CommissionerUnited States Tax Court · 1996
  5. Martin Ice Cream Co. v. Comm'rUnited States Tax Court · 1998

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

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