§115 — Income of States, municipalities, etc.
332 cases·47 followed·41 distinguished·4 questioned·4 criticized·2 limited·5 overruled·229 cited—14% support
Statute Text — 26 U.S.C. §115
Gross income does not include—
income derived from any public utility or the exercise of any essential governmental function and accruing to a State or any political subdivision thereof, or the District of Columbia; or
income accruing to the government of any possession of the United States, or any political subdivision thereof.
332 Citing Cases
, 136 Stat. 4459, 5296 (2022). That provision exempts certain withdrawals made for emergency expenses from the additional tax. However, section 72(t)(2)(I) applies only “to distributions made after December 31, 2023.” Consolidated Appropriations Act § 115(c), 136 Stat. at 5297. It is not applicable to the distribution petitioner received in 2018. And because it is not, petitioner is liable for the additional tax on her early retirement plan distribution. To reflect the foregoing, Decision will b
115(g), 45 Stat. 822. The latter section provided that additions to tax for failure to file a tax return “shall be collected at the same time and in the same manner and as part of the tax”. Revenue Act of 1928, ch. 852, sec. 291, 45 Stat. 857. In the 1939 Code, when the relevant text was first codified, Congress again used the words “time” and
On her tax return, the redeemed shareholder reported the transaction as a redemption of all of her stock under section 115(c) of the Internal Revenue Code of 1939 and claimed that the transaction must be treated as a sale or exchange of stock.
xpayers to contest the disallowance of the earned income credit in the Tax Court. In this regard, H. Rept. 100-795, at 366 (1988), and S. Rept. 100-445, at 387 (1988), state: 18. Certain refundable credits to be assessed under deficiency procedures (sec. 115(r) of the bill and sec. 6211 of the Code) - 7 - Present Law Under present law, the deficiency procedures allowing taxpayers to litigate issues in the Tax Court relating to the earned income credit (sec. 32) and the credit for the certain pay
115(4) (1988), and that those years of service increased the monthly annuity benefit to which petitioner is entitled. By contrast, petitioners contend that petitioner received the entire account balance from the Retirement System when he received the Transfer Refund.9 Therefore, petitioners conclude that the "balance to the credit" requirement