- 3 - FINDINGS OF FACT Petitioners resided in Ijamsville, Maryland, at the time that their petition was filed with the Court. At the time of trial, petitioner Rhett B. Ross (petitioner) was employed, and had been so employed for some 32 years, as a teacher in the public schools of the State of Maryland. During 1989, the year in issue, as well as at the time of trial, petitioner was employed by Montgomery County Public Schools, where he taught physical education and coached varsity basketball and baseball. For most of petitioner's career as a teacher in the Maryland public schools, petitioner was a member of the Teachers' Retirement System of the State of Maryland (the Retirement System). On October 22, 1989, however, petitioner voluntarily elected to transfer from the Retirement System to the Teachers' Pension System of the State of Maryland (the Pension System).4 Petitioner's transfer became effective November 1, 1989. The Retirement System is a qualified defined benefit plan under section 401(a). The Retirement System requires mandatory Commissioner, 89 T.C. 46, 48 (1987); Atlee v. Commissioner, 67 T.C. 395, 396 n.2 (1976); Hedrick v. Commissioner, 63 T.C. 395, 396-397 (1974); Alexander v. Commissioner, 61 T.C. 278, 288 n.6 (1973); Stengel v. Commissioner, T.C. Memo. 1992-570, affd. without published opinion 996 F.2d 1227 (9th Cir. 1993); Cotter v. Commissioner, T.C. Memo. 1991-316. 4 For a discussion of the Retirement System and the Pension System, see generally Hylton v. Commissioner, T.C. Memo. 1995-27; Hoppe v. Commissioner, T.C. Memo. 1994-635; Hamilton v. Commissioner, T.C. Memo. 1994-633; Maryland State Teachers Association v. Hughes, 594 F. Supp. 1353, 1357-1358 (D. Md. 1984); Conway v. United States, 76 AFTR 2d 95-6918 (D. Md. 1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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