Cohen v. Commissioner
United States Tax Court
Held: Fact that statute requires agreement of Federal civil service employee to a portion of his salary being withheld and placed in civil service retirement fund to provide a retirement annuity for him does not cause the withheld amount to be excludable from his taxable income reported on the cash basis as deferred compensation, since the statutory rights of the employee in the fund are a benefit currently procured for him at least to the value of the withheld amounts.
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Held: Fact that statute requires agreement of Federal civil service employee to a portion of his salary being withheld and placed in civil service retirement fund to provide a retirement annuity for him does not cause the withheld amount to be excludable from his taxable income reported on the cash basis as deferred compensation, since the statutory rights of the employee in the fund are a benefit currently procured for him at least to the value of the withheld amounts. Our holding in Cecil W. Taylor, 2 T.C. 267 (1943), affirmed sub nom. Miller v. Commissioner, 144 F. 2d 287 (C.A. 4, 1944),…
1Opinion of the Court
OPINION
Scott, Judge:
Respondent determined deficiencies in petitioners’ Federal income tax for the calendar years 1969 and 1970 in the amounts of $436.03 and $448.62, respectively.
Some of the issues have been disposed of by agreement of the parties, leaving for decision whether petitioners are entitled to exclude from their gross income for the calendar years 1969 and 1970 amounts which were withheld from the payroll checks of petitioner Lawrence J. Cohen, an employee in the civil service of the United States, pursuant to the provisions of the Civil Service Retirement Act.
All of the facts have…
Also in this document: Dissent.
2Cases cited22 opinions
- United States v. FlannerySupreme Court of the United States · 1925
- Pennie v. ReisSupreme Court of the United States · 1889
- City of Dallas v. TrammellTexas Supreme Court · 1937
- Brodie v. CommissionerUnited States Tax Court · 1942
- Charles E. Moritz v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1972
17 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sibla v. CommissionerUnited States Tax Court · 1977
- Sakol v. CommissionerUnited States Tax Court · 1977
- Paul F. Belloff v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1993
- Tucker v. CommissionerUnited States Tax Court · 1978
- Lawrence J. Cohen and Marilyn P. Cohen v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1976
23 more not listed; retrieve them via the Exa API.