Legal Opinion

Elno D. Roundy Sandra H. Roundy v. Commissioner of Internal Revenue

Court of Appeals for the Ninth Circuit

Decided August 26, 1997No. 95-70780PublishedCited by 13 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Elno D. Roundy and Sandra H. Roundy, husband and wife, appeal pro se a Tax Court decision upholding the Commissioner of Internal Revenue’s determination of deficiencies in their federal income tax for the tax year 1989. The Tax Court held that a lump-sum payment from the Civil Service Retirement System was an accelerated distribution of an annuity under I.R.C. § 72 and subject to tax. The Tax Court also imposed a ten-percent penalty under I.R.C. § 72(t)(1) as an early withdrawal from a qualified retirement plan. We affirm.

The facts are undisputed. Elno Roundy was. an…

2Cases cited4 opinions

  1. George J. Hogan and Marian M. Hogan v. United StatesCourt of Appeals for the Sixth Circuit · 1975
  2. Shimota v. United StatesUnited States Court of Claims · 1990
  3. John E. Shimota and Nan B. Shimota v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. A. Sidney Malbon and Helene J. Malbon v. United StatesCourt of Appeals for the Ninth Circuit · 1994

3Cited by13 opinions

  1. United States v. Zarate-MartinezCourt of Appeals for the Ninth Circuit · 1998
  2. Reynolds Metals Co. v. Robert Ellis, OpinionCourt of Appeals for the Ninth Circuit · 2000
  3. Arakaki v. CayetanoDistrict Court, D. Hawaii · 2002
  4. Bohner v. CommissionerUnited States Tax Court · 2014
  5. 98 Cal. Daily Op. Serv. 311, 98 Daily Journal D.A.R. 421 United States of America, Plaintiff-Appellee-Cross-Appellant v. Jose Juan Zarate-Martinez, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1998

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