Legal Opinion

Burton v. Commissioner

United States Tax Court

Decided December 17, 1992No. Docket Nos. 12970-90, 12971-90PublishedCited by 16 opinions

P was a plastic surgeon and the sole shareholder-employee of P.A., a professional association. P was covered by P.A.'s qualified profit-sharing and pension plans. P liquidated P.A. during October 1984. Immediately after the liquidation, P resumed his surgical practice in the form of a sole proprietorship. P.A. and the sole proprietorship were located at the same address. In December 1985 and January 1986 P received distributions from P.A.'s qualified plans.

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P was a plastic surgeon and the sole shareholder-employee of P.A., a professional association. P was covered by P.A.'s qualified profit-sharing and pension plans. P liquidated P.A. during October 1984. Immediately after the liquidation, P resumed his surgical practice in the form of a sole proprietorship. P.A. and the sole proprietorship were located at the same address. In December 1985 and January 1986 P received distributions from P.A.'s qualified plans. Held, P's change of status from that of a sole shareholder-employee of P.A. to that of a sole proprietor does not constitute a…

1Opinion of the Court

Hamblen, Chief Judge:

Respondent determined deficiencies in petitioners’ 1985 and 1986 Federal income tax in the respective amounts of $74,904.30 and $40,585.81. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the taxable years at issue, and Rule references are to the Tax Court Rules of Practice and Procedure.

The sole issue for decision is whether petitioners properly reported distributions from qualified profit-sharing and pension plans under the 10-year forward averaging method provided by section 402(e)(1).1 Resolution of this issue depends on…

2Cases cited16 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Stubbs, Overbeck & Associates, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  3. 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
  4. Crow v. CommissionerUnited States Tax Court · 1985
  5. Gittens v. CommissionerUnited States Tax Court · 1968

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Norfolk Southern Corp. v. CommissionerUnited States Tax Court · 1995
  2. Rudolph F. Adler Jacquelyn L. Adler v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Fourth Circuit · 1996
  3. Karem v. CommissionerUnited States Tax Court · 1993
  4. Adler v. CommissionerUnited States Tax Court · 1995
  5. Lear Eye Clinic v. CommissionerUnited States Tax Court · 1996

11 more not listed; retrieve them via the Exa API.

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