Legal Opinion

Cadwell v. Commissioner

United States Tax Court

Decided January 3, 2011No. Docket 15456-08PublishedCited by 11 opinions

K, an S corporation 100 percent owned by P's spouse, adopted and, through its subsidiary KSM, made contributions to a multiemployer welfare-benefit plan (the plan). Through KSM, K made a contribution to the plan, part of which was used to purchase life insurance coverage for P and K's other employees, and the remainder of which was an excess contribution. The plan was amended and converted to a single-employer plan.

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K, an S corporation 100 percent owned by P's spouse, adopted and, through its subsidiary KSM, made contributions to a multiemployer welfare-benefit plan (the plan). Through KSM, K made a contribution to the plan, part of which was used to purchase life insurance coverage for P and K's other employees, and the remainder of which was an excess contribution. The plan was amended and converted to a single-employer plan. The plan's qualification pursuant to sec. 419A(f)(6), I.R.C., is not in issue. Held: R was not required to send P a "30 day letter", and the notice of deficiency adequately sets…

1Opinion of the Court

OPINION

Wells, Judge:

This case is before the Court on petitioner’s motion for summary judgment and respondent’s cross-motion for summary judgment pursuant to Rule 121. Respondent determined a deficiency of $33,057 in petitioner’s Federal income tax for tax year 2004 and a penalty pursuant to section 6662(a) of $6,611. On August 31, 2009, petitioner filed a motion for summary judgment. On October 5, 2009, respondent filed a response to petitioner’s motion for summary judgment and a cross-motion for summary judgment. On October 26, 2009, petitioner filed a motion to amend his petition. On…

2Cases cited21 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  4. Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
  5. Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992

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

3Cited by11 opinions

  1. Our Country Home Enters. v. Comm'rUnited States Tax Court · 2015
  2. Carlebach v. CommissionerUnited States Tax Court · 2012
  3. Schwab v. Comm'rUnited States Tax Court · 2011
  4. Molina v. Comm'rUnited States Tax Court · 2013
  5. Schwab v. CommissionerCourt of Appeals for the Ninth Circuit · 2013

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

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