Legal Opinion

Estate of Hilda Ashman v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided October 26, 2000No. 99-70280PublishedCited by 42 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

The Estate of Hilda Ashman 1 appeals the tax court’s decision that the Commissioner of Internal Revenue properly held Ashman to the duty of consistency and, therefore, properly assessed a deficiency for Ashman’s 1993 tax year. We affirm.

BACKGROUND

On or before December 19, 1990, Ash-man received a distribution of $725,502 from a qualified defined benefit pension plan. See 26 U.S.C. § 401. In order to avoid income taxation of the distributed amount, she was required to roll it over into another qualified plan or account within 60 days. See 26 U.S.C. § 402(c)(3). She did…

2Cases cited32 opinions

  1. Dcd Programs, Ltd. v. Michael W. Leighton, Hill, Farrer & BurrillCourt of Appeals for the Ninth Circuit · 1987
  2. United States v. BrockampSupreme Court of the United States · 1997
  3. R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
  4. Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
  5. Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996

27 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Byrd v. Estate of Nelms, Texas Court of Appeals, 10th District (Waco)2004
  2. Estate of Frank Branson, Deceased Mary M. March v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2001
  3. United States v. Donald NewellCourt of Appeals for the Seventh Circuit · 2001
  4. Conrad Janis Maria G. Janis v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2006
  5. Milton H. Greene Archives, Inc. v. CMG Worldwide, Inc.District Court, C.D. California · 2008

37 more not listed; retrieve them via the Exa API.

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