E. F. Higgins & Co. v. Commissioner
United States Tax Court
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
OPINION
Dawson, Judge:
In these consolidated cases, respondent determined the following deficiencies and additions to tax in the Federal income taxes of petitioners:
E. F. HIGGINS & CO., INC.
Docket No. 5315-79
Year Deficiency
1969. $11,217.08
1970. ...7,946.22
1971. ...9,447.56
1972. ...7,695.01
1973. ...5,757.72
E. F. HIGGINS PROFIT-SHARING RETIREMENT TRUST
Docket No. 5316-79
Additions to tax Year Deficiency Sec. 6653(a) Sec. 6651(a)(1)
1968 $110.92 $5.55 $27.73
1969 222.81 11.14 55.70
1970 251.06 12.55 62.77
The issues presented for our decision are:(1) Whether petitioner, in carrying its burden of proof,…
2Cases cited21 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Harold D. Greenwald and Nana Greenwald, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
- Ed & Jim Fleitz, Inc. v. CommissionerUnited States Tax Court · 1968
- Loevsky v. CommissionerUnited States Tax Court · 1971
- United States v. George Howard Hall and Ruth HallCourt of Appeals for the Eighth Circuit · 1968
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3Cited by10 opinions
- Tipton & Kalmbach, Inc. v. CommissionerUnited States Tax Court · 1984
- Boggs v. CommissionerUnited States Tax Court · 1984
- Fujinon Optical, Inc. v. CommissionerUnited States Tax Court · 1981
- Federal Land Bank Asso. v. CommissionerUnited States Tax Court · 1980
- Simmons v. CommissionerUnited States Tax Court · 1995
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