Benbow v. Commissioner
United States Tax Court
Petitioner-husbands received distributions in 1978 from a trust which was part of a pension plan. They "rolled over" these distributions into individual retirement accounts. In 1980, respondent revoked the favorable determination letter that had previously been issued to the plan.
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Petitioner-husbands received distributions in 1978 from a trust which was part of a pension plan. They "rolled over" these distributions into individual retirement accounts. In 1980, respondent revoked the favorable determination letter that had previously been issued to the plan. This revocation was made retroactive to Jan. 1, 1976. Held: 1. To the extent that any distribution is attributable to periods before Jan. 1, 1976, the amount thereof is treated as a distribution which, under sec. 402(a)(5), I.R.C. 1954, has been rolled over tax free. The post-1975 portion of each such distribution…
1Opinion of the Court
OPINION
Chabot, Judge-.
Respondent determined deficiencies in Federal individual income tax, and in Federal excisé tax under section 4973,1 against petitioners as follows:
Deficiency Year Income tax Excise tax2
Donald L. Benbow and Patricia J. Benbow 1978 $542.50 $130.20
Daniel W. Cass, Jr., and Barbara L. Cass 1978 $811.00 294.00
Daniel W. Cass, Jr. 1979 294.00
Earl R. Lueckel and Lois B. Lueckel 1978 6,722.11 1979 913.87 913.87
Frederic E. Saunders and Mary Alice Saunders 1978 1,897.00 304.50
William H. Strong and Ella K. Strong 1978 1979 1980 4,558.31 653.10 653.10 653.10
The issues for decision3…
2Cases cited17 opinions
- Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
- Orzechowski v. CommissionerUnited States Tax Court · 1978
- Richard W. And Janet Orzechowski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
- United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, DeceasedCourt of Appeals for the Fifth Circuit · 1964
- Metzger Trust v. CommissionerUnited States Tax Court · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eanes v. CommissionerUnited States Tax Court · 1985
- Boggs v. CommissionerUnited States Tax Court · 1984
- Fazi v. CommissionerUnited States Tax Court · 1994
- Benbow v. CommissionerCourt of Appeals for the Seventh Circuit · 1985
- Benbow v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
8 more not listed; retrieve them via the Exa API.