Anthes v. Commissioner
United States Tax Court
Petitioner-wife was an active participant in her employer's tax-qualified, noncontributory, defined benefit pension plan during 1978. She established an individual retirement account (IRA) for 1978 with a contribution of $ 1,500. Petitioners claimed this contribution as an adjustment to income on their 1978 return. Held, an alleged failure to meet the minimum funding requirements of sec. 412, I.R.C. 1954, does not result in the disqualification of a qualified plan.
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Petitioner-wife was an active participant in her employer's tax-qualified, noncontributory, defined benefit pension plan during 1978. She established an individual retirement account (IRA) for 1978 with a contribution of $ 1,500. Petitioners claimed this contribution as an adjustment to income on their 1978 return. Held, an alleged failure to meet the minimum funding requirements of sec. 412, I.R.C. 1954, does not result in the disqualification of a qualified plan. Held, further, petitioner-wife's active participation in a qualified plan precludes an IRA deduction and requires the imposition…
1Opinion of the Court
Drennen, Judge:
This case was assigned to and heard by Special Trial Judge John J. Pajak pursuant to the provisions of section 7456(c) of the Internal Revenue Code1 and Rule 180.2 The Court agrees with and adopts the Special Trial Judge’s opinion which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
Pajak, Special Trial Judge:
Respondent determined a deficiency in petitioners’ 1978 Federal income tax in the amount of $235.47 and determined an excise tax liability under section 4973(a) of $90.3 The issues for decision are (1) whether petitioners are entitled to a deduction in the amount of…
2Cases cited12 opinions
- Welch v. HelveringSupreme Court of the United States · 1933
- Orzechowski v. CommissionerUnited States Tax Court · 1978
- Richard W. And Janet Orzechowski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
- John F. Foulkes and Joyce A. Foulkes v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1981
- Guest v. CommissionerUnited States Tax Court · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brotman v. CommissionerUnited States Tax Court · 1995
- Baum v. NolanCourt of Appeals for the Second Circuit · 1988
- Baum v. NolanCourt of Appeals for the Second Circuit · 1988
- Orvis v. CommissionerUnited States Tax Court · 1984
- Anthes v. CommissionerUnited States Tax Court · 1983
11 more not listed; retrieve them via the Exa API.