- 6 - funds are exempt from this requirement in whole or in part. The pattern of the form is that capital gain distributions are included with other items on line 5 of Schedule B, are deducted on line 7 of Schedule B, and are included on line 13 of Schedule D. The form is certainly comprehensible and results in capital gain dividends’ being taxed at appropriate rates. Moreover, even if the schedule had provided misleading or erroneous information, the law is well settled that the authoritative sources of Federal tax law are the statutes, regulations, and judicial decisions, not informal publications or instructions of the Internal Revenue Service. Casa De La Jolla Park, Inc. v. Commissioner, 94 T.C. 384, 396 (1990); Zimmerman v. Commissioner, 71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d 1294 (2d Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458 (1972); Graham v. Commissioner, T.C. Memo. 1995- 114; see also Adler v. Commissioner, 330 F.2d 91, 93 (9th Cir. 1964), affg. T.C. Memo. 1963-196. Accordingly, petitioner’s capital gain distribution from his mutual fund holding during the year in issue is includable in his income as long-term capital gain and properly should have been reported on line 5 of Schedule B, of his income tax return for 1997. B. Casualty/Theft Loss Under section 165(a) and (c)(3), subject to limitations, an individual is permitted a deduction for a loss that arises fromPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011