- 3 -
FINDINGS OF FACT
Some of the facts have been stipulated, and the stipulated
facts and accompanying exhibits are hereby incorporated by
reference into our findings. At the time he filed his petition,
petitioner resided in Tracy, California.
In 2002, petitioner obtained a divorce. Pursuant to a QDRO
issued the prior year, petitioner received a portion of his ex-
wife’s pension benefits, which were payable by SBC
Communications, Inc., his ex-wife’s former employer. The QDRO
itself made clear that petitioner was responsible for all taxes
incurred by reason of any benefits paid to him. On May 24, 2002,
SBC Communications, Inc., issued a check to petitioner in the
amount of $131,317.46. The gross amount of the check had been
$168,355.71. However, $33,671.14 in Federal income tax and
$3,367.11 in California State income tax had been withheld.
During 2002, petitioner also received $9,552 in Social Security
benefits.
For the 2002 taxable year, petitioner’s only Federal income
tax withholding was the aforementioned $33,671.14 withheld on the
SBC Communications, Inc., pension distribution. The parties have
stipulated that petitioner did not make any estimated tax
payments for the 2002 taxable year.3 Petitioner did not file a
3 The $33,671.14 in Federal income tax withheld from the
(continued...)
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 10, 2007