Blyler v. Commissioner
United States Tax Court
T was an officer of a corporation and a participant in its qualified contributory pension plan. The pension trust was terminated effective in February 1971, and T was discharged by the corporation in April 1971. T received a distribution of a life insurance policy from the trust in October 1971. Because of the actions of one trustee, the cash assets of the trust were blocked in a bank account between June 1971 and January 1972. T received a distribution of cash, representing…
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T was an officer of a corporation and a participant in its qualified contributory pension plan. The pension trust was terminated effective in February 1971, and T was discharged by the corporation in April 1971. T received a distribution of a life insurance policy from the trust in October 1971. Because of the actions of one trustee, the cash assets of the trust were blocked in a bank account between June 1971 and January 1972. T received a distribution of cash, representing his entire remaining interest in the trust, in February 1972. Held, T, a calendar year taxpayer, did not receive the…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined the following deficiencies in petitioners’ Federal income taxes:
1971. $1,102
1972. 3,140
The sole issue is whether certain distributions received by petitioner Lee L. Blyler from the Howe & French Pension Trust are entitled to capital gains treatment under section 402(a)(2), I.R.C. 1954, as in effect during the calendar years 1971 and 1972.1 The facts have been stipulated.
Petitioners Lee L. Blyler and Evelyn G. Blyler, husband and wife, resided in Sharon, Mass., at the time the petition herein was filed. They filed their joint Federal income tax…
2Cases cited19 opinions
- Corliss v. BowersSupreme Court of the United States · 1930
- Avery v. CommissionerSupreme Court of the United States · 1934
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Loose v. United StatesCourt of Appeals for the Eighth Circuit · 1934
- E. N. Funkhouser and Estate of Nellie S. Funkhouser, Deceased, E. N. Funkhouser v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1967
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Foil v. CommissionerUnited States Tax Court · 1989
- Vaughn v. CommissionerUnited States Tax Court · 1983
- Gambling v. CommissionerUnited States Tax Court · 1981
- Yegan v. CommissionerUnited States Tax Court · 1989
- Mettler v. CommissionerUnited States Tax Court · 1989
5 more not listed; retrieve them via the Exa API.