To determine if the filer is a resident of the United States apply the residency tests in 26 USC
section 7701(b)." Under those residency tests, a non-U.S.
(54.) 26 USC [section] 1041(a); see also Treasury Regulation [section] 1041-1T(b).
(60.) 26 USC [section] 414 and 26 USC [section] 401(a)(13).
(17.) 26 USC
[section] 2056(b)(7), under which the surviving spouse must have a qualifying income interest for life, i.e., the surviving spouse must be entitled to all income from the trust, distributed at least annually; and no one may have the right to appoint any part of the trust to anyone other than the surviving spouse during the surviving spouse's lifetime.
In addition, the employer could be liable for (1) an excise tax under the Internal Revenue Code of $100 for each day of the period of noncompliance (26 USC
Section 4980B), and (2) a fine under ERISA of up to $100 a day for the failure to provide the COBRA notice to the employee and/or the family members (ERISA, 29 USC Section 1132(c)(1)(A)).
Section 104(a) (2) of the Internal Revenue Code provides that gross income does not include "the amount of any damages received (whether by suit of agreement and whether as lump sums or periodic payments) on account of personal injuries or sickness," 26 USC
Section 67(a) of the Internal revenue Code, 26 USC
[section] 67(a), provides that miscellaneous itemized deductions, which include investment advisory fees, are allowed only to the extent "that the aggregate of such deductions exceeds 2 percent" of AGI of the trust or estate.