Thoburn v. Commissioner
United States Tax Court
From 1980 through 1985, Ps borrowed money from their employer's qualified plan. On Dec. 9, 1986, the plan's trustees and the Department of Labor (DOL) reached a settlement agreement, which required, inter alia, that loans made from 1982 through 1985 provide for 10- rather than 8-percent interest.
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From 1980 through 1985, Ps borrowed money from their employer's qualified plan. On Dec. 9, 1986, the plan's trustees and the Department of Labor (DOL) reached a settlement agreement, which required, inter alia, that loans made from 1982 through 1985 provide for 10- rather than 8-percent interest. On Sept. 25, 1987, respondent's Atlanta Appeals Office sent DOL a letter based on a form from an interagency agreement and which, according to the agreement, constituted notice of an intent to determine excise tax deficiencies. On Dec. 1, 1987, respondent issued notices of deficiency determining sec.…
1Opinion of the Court
OPINION
WELLS, Judge:
The instant case is before the Court on two motions filed by petitioners. The first motion is entitled motion to dismiss for lack of subject matter jurisdiction, or in the alternative, limit the amount of respondent’s determination. The second motion is entitled motion to dismiss for lack of subject matter jurisdiction.2
The instant case concerns petitioners’ liability for section 49753 excise taxes because of loans made to them by a qualified profit-sharing plan.4 Petitioners’ first motion asks that we dismiss the instant case or, alternatively, limit respondent’s…
2Cases cited33 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Naftel v. CommissionerUnited States Tax Court · 1985
- Badaracco v. CommissionerSupreme Court of the United States · 1984
28 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Northern Ind. Pub. Serv. Co. v. CommissionerUnited States Tax Court · 1993
- Janpol v. CommissionerUnited States Tax Court · 1993
- Janpol v. CommissionerUnited States Tax Court · 1994
- Medina v. CommissionerUnited States Tax Court · 1999
- Doonis v. Comm'rUnited States Tax Court · 2014
19 more not listed; retrieve them via the Exa API.