- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011