C. Merritt and Dorothy Pumphrey - Page 6

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          transferring from the Retirement System to the Pension System,              
          petitioner's monthly annuity is less than the monthly annuity               
          that he would have received if he had not transferred to the                
          Pension System but had retired under the Retirement System.6                
               Petitioner received a Form W-2P from the Maryland State                
          Retirement Agency for 1990.  The Form W-2P reported the                     
          distribution of the Transfer Refund in the amount of $216,616.26.           
          The form also reported that the taxable portion of the Transfer             
          Refund was $186,758.54.7                                                    
               On their income tax return for 1990, petitioners reported as           
          income the taxable portion of the Transfer Refund, as set forth             
          on the Form W-2P, and elected 5-year forward averaging under                
          section 402(e)(1).  In this regard, petitioners attached Form               
          4972 (Tax on Lump-Sum Distributions) to their income tax return             
          and reported on said form ordinary income in the amount of                  
          $186,759; i.e., the taxable portion of the Transfer Refund as set           
          forth on the Form W-2P.  Petitioners then computed the tax on               


          6 Petitioner estimated that his monthly annuity under the                   
          Pension System is approximately one-half of what it would have              
          been if he had retired under the Retirement System.  However, as            
          previously indicated, petitioner would not have received the                
          Transfer Refund if he had retired under the Retirement System.              
          The inducement to accept a less generous monthly annuity under              
          the Pension System was the Transfer Refund.                                 
          7 The discrepancy between the taxable portion of the                        
          Transfer Refund as reported on the Form W-2P, i.e., $186,758.54,            
          and the taxable portion of the Transfer Refund as stipulated by             
          the parties, i.e., $184,464.95, is unexplained in the record.  We           
          will give effect to the parties' stipulation.                               




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