Raymond J. Davis - Page 4

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               During 1999 and 2000, the company paid taxable pension                 
          benefits to petitioner of $29,012.40 and $30,012.40,                        
          respectively.  The company issued to petitioner and the Internal            
          Revenue Service Forms 1099R, Distributions From Pensions,                   
          Annuities, Retirement or Profit-Sharing Plans, Insurance                    
          Contracts, etc.                                                             
               For each of the years 1999 and 2000, petitioner attached a             
          Schedule C, Profit or Loss From Business, to his Federal income             
          tax return.  On the 1999 schedule he describes his business or              
          profession as "LIFE INS SALES".  The gross receipts that                    
          petitioner reported on both Schedules C consisted of the pension            
          benefits paid to him by the company.  Petitioner did not sell or            
          attempt to sell any insurance products during any part of 1999 or           
          2000.                                                                       
               Petitioner, however, did not remain idle during his                    
          retirement.  During the years at issue, petitioner maintained               
          contact with his former insurance clients, performing various               
          services such as assisting with changes to beneficiaries,                   
          addresses, and income tax withholdings.  Petitioner, however,               
          received no compensation for the services he performed.  In                 
          February of 2000 petitioner had another heart surgery and after a           
          year he found out that he would no longer be able to perform                
          services for his former clients.                                            








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