Renard Halliburton - Page 3




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          this opinion shall not be treated as precedent for any other case.          
               Respondent determined a deficiency in petitioner’s 2002                
          Federal income tax of $6,480, as well as additions to tax under             
          section 6651(a)(1) and (2) of $1,082 and $842, respectively, and            
          section 6654(a) of $193.                                                    
               After concessions,2 the issues for decision are:  (1)                  
          Whether petitioner failed to report a taxable distribution and              
          other income of $1,830, and $12,000, respectively, in 2002; and             
          (2) whether petitioner is liable for additions to tax under                 
          sections 6651(a)(1) and 6654(a).                                            
                                     Background                                       
               The parties’ stipulation of facts and the attached exhibits            
          are incorporated herein by this reference.  Petitioner resided in           
          Saint Paul, Minnesota, when he filed this petition.                         
               On August 8, 2002, petitioner received $12,000 from Amex               
          Financial Corp. (Amex) in settlement of a class action racial               
          discrimination suit against Amex.3  Amex mailed petitioner a Form           
          1099-MISC, Miscellaneous Income, stating it paid petitioner the             
          $12,000 in 2003.  During 2002, petitioner also received a taxable           
          distribution of $1,830 from the National Finance Center Thrift              
          Savings Plan (National).                                                    


               2 Respondent concedes that petitioner is not liable for the            
          sec. 6651(a)(2) addition to tax.                                            
               3 Petitioner did not contend that the $12,000 was not                  
          included in gross income under sec. 104(a)(2).                              





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