Karem v. Commissioner
United States Tax Court
P-H received a lump-sum distribution from a qualified pension plan in 1987. Pursuant to a Louisiana judgment partitioning community property of P-H and his former wife rendered the following year, one-half of the lump sum was paid to the former wife. Ps, electing 10-year averaging treatment with respect to the lump-sum distribution, reported one-half of the taxable portion of the distribution on Form 4972, Tax on Lump-Sum Distributions.
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P-H received a lump-sum distribution from a qualified pension plan in 1987. Pursuant to a Louisiana judgment partitioning community property of P-H and his former wife rendered the following year, one-half of the lump sum was paid to the former wife. Ps, electing 10-year averaging treatment with respect to the lump-sum distribution, reported one-half of the taxable portion of the distribution on Form 4972, Tax on Lump-Sum Distributions. R determined that Ps are taxable on 100 percent of the taxable portion of the distribution. Ps contend that they are not liable for tax on the portion of the…
1Opinion of the Court
DAWSON, Judge:
This case was assigned to Special Trial Judge Francis J. Cantrel pursuant to section 7443A(b)(3) and Rules 180, 181, and 182.1 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
CANTREL, Special Trial Judge:
Respondent determined a deficiency in petitioners’ Federal income tax for the taxable year 1987 in the amount of $3,855 and additions to tax under section 6653(a)(1)(A) and (B) in the amounts of $192.75 and 50 percent of the interest due on $3,855, respectively.
The issues for decision are (1)…
2Cases cited6 opinions
- Ablamis v. RoperCourt of Appeals for the Ninth Circuit · 1991
- Darby v. CommissionerUnited States Tax Court · 1991
- United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada Local 198 v. MyersDistrict Court, M.D. Louisiana · 1980
- Burton v. CommissionerUnited States Tax Court · 1992
- Denbow v. CommissionerUnited States Tax Court · 1989
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Arthur C. Hawkins v. Commissioner of Internal Revenue, Glenda R. Hawkins v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1996
- BUNNEY v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2000
- Ross v. RossNew Jersey Superior Court Appellate Division · 1998
- Powell v. CommissionerUnited States Tax Court · 1993
- Hawkins v. CommissionerUnited States Tax Court · 1994
13 more not listed; retrieve them via the Exa API.