Larchmont Foundation, Inc. v. Commissioner
United States Tax Court
In Larchmont Foundation, Inc. v. Commissioner,72 T.C. 131 (1979), this Court held that the provisions of sec. 4945(b), I.R.C. 1954, relating to the second-tier taxes on private foundations and their managers were unenforceable. Such provisions were amended on Dec. 24, 1980. Such amendments are applicable to taxes assessed after the date of their enactment, except where the doctrine of res judicata is applicable.
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In Larchmont Foundation, Inc. v. Commissioner,72 T.C. 131 (1979), this Court held that the provisions of sec. 4945(b), I.R.C. 1954, relating to the second-tier taxes on private foundations and their managers were unenforceable. Such provisions were amended on Dec. 24, 1980. Such amendments are applicable to taxes assessed after the date of their enactment, except where the doctrine of res judicata is applicable. The decision of this Court was on appeal at the time of the enactment of the amendments. Held, since the Court of Appeals for the Seventh Circuit vacated and remanded the decision of…
1Opinion of the Court
LARCHMONT FOUNDATION, INC. and PAUL R. STOUT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Larchmont Foundation, Inc. v. Commissioner
Docket No. 9860-75.
United States Tax Court
T.C. Memo 1982-145; 1982 Tax Ct. Memo LEXIS 602; 43 T.C.M. (CCH) 838; T.C.M. (RIA) 82145;
March 23, 1982.
In Larchmont Foundation, Inc. v. Commissioner,72 T.C. 131 (1979), this Court held that the provisions of sec. 4945(b), I.R.C. 1954, relating to the second-tier taxes on private foundations and their managers were unenforceable. Such provisions were amended on Dec. 24, 1980. Such amendments are applicable…
2Cases cited5 opinions
- Adams v. CommissionerUnited States Tax Court · 1979
- H. Fort Flowers Foundation, Inc. v. CommissionerUnited States Tax Court · 1979
- Larchmont Foundation, Inc. v. CommissionerUnited States Tax Court · 1979
- Howell v. CommissionerUnited States Tax Court · 1981
- Barth Foundation v. CommissionerUnited States Tax Court · 1981