Alfred E. Gallade - Page 1

                                   106 T.C. No. 20                                    


                               UNITED STATES TAX COURT                                


                          ALFRED E. GALLADE, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 791-94, 792-94.        Filed May 28, 1996.                 


                    C, P’s wholly owned corporation, operated a                       
               pension plan in which P participated.  Because of C’s                  
               poor financial disposition, P executed a “waiver”, to                  
               assign his fully vested, accrued benefits to C.  Due to                
               the waiver, P did not report any taxable distribution.                 
               R determined that P’s waiver was an impermissible                      
               attempt to assign or alienate his benefits in violation                
               of sec. 206(d)(1) of ERISA and sec. 401(a)(13), I.R.C.                 
                    1.   Held:  P received a taxable distribution.                    
                    2.   Held, further, the distribution was received                 
               by P in 1986.                                                          
                    3.   Held, further, R abused her discretion by                    
               failing to waive the penalty for substantial                           
               understatement of income tax.                                          









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