Harold L. and Gladys M. Humberson - Page 4

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          Pension System are both exempt from taxation under section                  
          501(a).                                                                     
               As previously indicated, petitioner elected to transfer from           
          the Retirement System to the Pension System on January 30, 1990.            
          On the application to transfer, petitioner specifically opted to            
          receive, in a lump sum, the distribution to which he was entitled           
          upon transferring from the Retirement System to the Pension                 
          System.                                                                     
               As a result of the election to transfer, petitioner received           
          a distribution (the Transfer Refund) from the Retirement System             
          in the amount of $158,680.98.4  Of this amount, $158,446.20 was             
          paid to petitioner by check dated March 31, 1990, from the                  
          Maryland State Retirement Systems and the balance, or $234.78,              
          was paid by check dated May 31, 1990.                                       
               Petitioner's Transfer Refund of $158,680.98 includes                   
          $21,765.02 in previously taxed contributions and $136,681.18 of             
          earnings.5  The earnings represent interest and constitute the              
          taxable portion of that part of the Transfer Refund that was paid           


          4 The parties stipulated that the Transfer Refund amounted                  
          to $158,680.96.  The documentary record clearly reveals, however,           
          that the correct amount is $158,680.98.                                     
          5 So stipulated.  The sum of these two amounts equals                       
          $158,446.20, which is the amount of the check dated March 31,               
          1990, from the Maryland State Retirement Systems.  Although the             
          record is not completely clear regarding the status of the                  
          balance of the Transfer Refund, i.e., the $234.78 amount that was           
          paid to petitioner by check dated May 31, 1990, it would appear             
          that this amount represents taxable employer "pickup"                       
          contributions.  See sec. 414(h).                                            



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