7 the tax imposed under section 402(a) or the penalty imposed under section 72(t). As stated above, the amount simply represents a commission charged by Fidelity and a decline in the market value of the IRA stock. Consequently, petitioners are not entitled to an adjustment to income in the amount of $1,614.91. Issue 3. CSRS Distribution Prior to trial, petitioner stipulated that he received $464 from CSRS in 1990 and that he failed to report this distribution as taxable income. At trial, petitioner attempted to withdraw this stipulation and argued that he did not receive $464 but, instead, received $104.95 of nontaxable income. In support of his position, petitioner presented a statement from the Office of Personnel Management (OPM) stating that petitioner's application for refund of retirement deductions had been approved, and that a check for $104.95 would be issued. The statement indicated that the refund, consisting entirely of funds petitioner had put into the Civil Service Retirement and Disability Fund, was nontaxable. Respondent does not dispute that the $104.95 is exempt from tax. An Examination/Information Return Master File Transcript For Tax Year 1990 (the transcript), which lists payee entities, payer entities, information forms received (e.g., Form 1099), and types and amounts of income, indicates that petitioner received a gross distribution of $464 of taxable income from CSRS during 1990. Although respondent did not present the Form 1099-R in question, the absence of that document appears due to the factPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011