Sturdivant v. Commissioner
United States Tax Court
In 1973, petitioner-husband received a distribution from the trust of a pension plan. In August of 1974, respondent revoked, for 1972 and subsequent years, his prior determination that the plan was qualified under section 401(a) and that the trust was exempt under section 501(a). The correctness of this retroactive revocation is not disputed.
Read the full summary
In 1973, petitioner-husband received a distribution from the trust of a pension plan. In August of 1974, respondent revoked, for 1972 and subsequent years, his prior determination that the plan was qualified under section 401(a) and that the trust was exempt under section 501(a). The correctness of this retroactive revocation is not disputed. Held: a portion of the 1973 distribution is entitled to special tax treatment (largely long-term capital gain) under section 402(a)(2), I.R.C. 1954. Woodson v. Commissioner, 73 T.C. (Feb. 5, 1980).
1Opinion of the Court
JAMES F. AND RUTH H. STURDIVANT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Sturdivant v. Commissioner
Docket No. 8252-77.
United States Tax Court
T.C. Memo 1980-38; 1980 Tax Ct. Memo LEXIS 547; 39 T.C.M. (CCH) 1022; T.C.M. (RIA) 80038;
February 11, 1980, Filed
In 1973, petitioner-husband received a distribution from the trust of a pension plan. In August of 1974, respondent revoked, for 1972 and subsequent years, his prior determination that the plan was qualified under section 401(a) and that the trust was exempt under section 501(a). The correctness of this retroactive…
2Cases cited8 opinions
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Harold D. Greenwald and Nana Greenwald, on Review v. Commissioner of Internal Revenue, on ReviewCourt of Appeals for the Second Circuit · 1966
- E. N. Funkhouser and Estate of Nellie S. Funkhouser, Deceased, E. N. Funkhouser v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1967
- Greenwald v. CommissionerUnited States Tax Court · 1965
- Funkhouser v. CommissionerUnited States Tax Court · 1965
3 more not listed; retrieve them via the Exa API.