Cohen v. Commissioner
United States Tax Court
Held: Fact that statute requires agreement of Federal civil service employee to a portion of his salary being withheld and placed in civil service retirement fund to provide a retirement annuity for him does not cause the withheld amount to be excludable from his taxable income reported on the cash basis as deferred compensation, since the statutory rights of the employee in the fund are a benefit currently procured for him at least to the value of the withheld amounts.
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Held: Fact that statute requires agreement of Federal civil service employee to a portion of his salary being withheld and placed in civil service retirement fund to provide a retirement annuity for him does not cause the withheld amount to be excludable from his taxable income reported on the cash basis as deferred compensation, since the statutory rights of the employee in the fund are a benefit currently procured for him at least to the value of the withheld amounts. Our holding in Cecil W. Taylor, 2 T.C. 267 (1943), affirmed sub nom. Miller v. Commissioner, 144 F. 2d 287 (C.A. 4, 1944),…
1Opinion of the Court
Lawrence J. Cohen and Marilyn P. Cohen, Petitioners v. Commissioner of Internal Revenue, Respondent
Cohen v. Commissioner
Docket No. 5053-72
United States Tax Court
63 T.C. 267; 1974 U.S. Tax Ct. LEXIS 17;
November 26, 1974, Filed
Decision will be entered under Rule 155.
Held: Fact that statute requires agreement of Federal civil service employee to a portion of his salary being withheld and placed in civil service retirement fund to provide a retirement annuity for him does not cause the withheld amount to be excludable from his taxable income reported on the cash basis as deferred compensation,…
Also in this document: Dissent.
2Cases cited23 opinions
- United States v. FlannerySupreme Court of the United States · 1925
- Pennie v. ReisSupreme Court of the United States · 1889
- City of Dallas v. TrammellTexas Supreme Court · 1937
- Brodie v. CommissionerUnited States Tax Court · 1942
- Charles E. Moritz v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1972
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