Cadwell v. Commissioner
United States Tax Court
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
- Gregory v. HelveringSupreme Court of the United States · 1935
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- Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
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