Juanita Doby - Page 8

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          Potomac Electric Power Company”.  The Form 1099-R issued to                 
          petitioner by Equitable Benefits Payment Services with respect to           
          the annuity payments shows that the $3,146 benefits paid to                 
          petitioner are fully taxable, and there were no employee                    
          contributions.  Furthermore, the “General Retirement Plan for               
          Employees of Potomac Electric Power Company” provides that                  
          employee contributions to the plan are not allowed, and                     
          petitioner testified that her spouse did not make any                       
          contributions to the plan.                                                  
               Petitioner did not report the annuity payments as income on            
          her 2000 Federal income tax return.  Instead, petitioner argues             
          that the annuity payments are under the purview of section 101(b)           
          and therefore are not taxable.                                              
               Prior to repeal, section 101(b) read as follows:                       
               (b) EMPLOYEES’ DEATH BENEFITS.--                                       
                    (1)General Rule.--Gross income does not include amounts           
               received (whether in a single sum or otherwise) by the                 
               beneficiaries or the estate of an employee, if such amounts            
               are paid by or on behalf of an employer and are paid by                
               reason of the death of the employee.  * * *                            
          However, this subsection does not apply to the case at hand                 
          because it was repealed by the Small Business Job Protection Act            
          of 1996, Pub. L. 104-188, sec. 1402(a), 110 Stat. 1789.  The                
          death benefit exclusion applies only to beneficiaries of                    
          decedents that died prior to August 21, 1996.  See Small Business           
          Job Protection Act of 1996, Pub. L. 104-188, sec. 1403(b), 110              






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