Legal Opinion

Richards v. Commissioner

United States Tax Court

Decided November 24, 1971No. Docket Nos. 3304-69, 4057-69PublishedCited by 1 opinion

Pursuant to a union agreement which provided for the establishment of a newly created pension plan by the petitioners' corporate employer, petitioners received a distribution of one-half of their respective interests in an existing Profit Sharing Retirement Plan previously established by their corporate employer, the undistributed one-half interests remaining as continuing portions to be transferred to the Pension Plan Trust.

Read the full summary

Pursuant to a union agreement which provided for the establishment of a newly created pension plan by the petitioners' corporate employer, petitioners received a distribution of one-half of their respective interests in an existing Profit Sharing Retirement Plan previously established by their corporate employer, the undistributed one-half interests remaining as continuing portions to be transferred to the Pension Plan Trust. Approximately 4 weeks later petitioners' corporate employer sold all of its operating assets to another corporation; petitioners continued to work as employees of the…

1Opinion of the Court

OPINION

Hoyt, Judge:

The Commissioner determined deficiencies in the petitioners’ Federal income taxes for the calendar year 1967 in the following amounts:

Petitioners Pocket No. Peficienc

Ward T. Richards and Mary Richards_ 3304-69 $414. 36

Homer N. Ackerman and Betty Ackerman_ 4057-69 511. 50

The above consolidated cases present a common issue: Whether certain amounts received by the petitioners as distributions from a profit-sharing retirement plan are taxable to petitioners as ordinary income or as long-term capital gain under section 402(a) (2).2

All of the facts have been stipulated and such…

2Cases cited4 opinions

  1. United States v. Ophelia Johnson and Ophelia R. Johnson, as Under the Last Will and Testament of Clifford L. Johnson, DeceasedCourt of Appeals for the Fifth Circuit · 1964
  2. Miller v. CommissionerUnited States Tax Court · 1954
  3. Gittens v. CommissionerUnited States Tax Court · 1968
  4. Stewart v. CommissionerUnited States Tax Court · 1969

3Cited by1 opinion

  1. Richards v. CommissionerUnited States Tax Court · 1971

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API