- 11 - had to be made before retirement; and (3) he could have retired without electing to transfer from the Retirement System to the Pension System, under which circumstance he would not have received a transfer refund. Therefore, even if such a policy did exist, petitioner acknowledges that only an election to transfer from the Retirement System to the Pension System was necessary in order to receive a transfer refund. In other words, he need not have retired. Accordingly, even under the policy that petitioner argues existed, petitioner's Transfer Refund would have been received on account of the election to transfer from the Retirement System to the Pension System. This is consistent with Md. Ann. Code, art. 73B, sec. 83(8) (1988), under which we find petitioner transferred from the Retirement System to the Pension System. As we discussed in Hylton v. Commissioner, supra, and Adler v. Commissioner, supra, there is no causal link under Maryland law between a taxpayer's election to transfer from the Retirement System to the Pension System and a taxpayer's election to retire. Similarly, under Maryland law, there is no causal link between the receipt of the Transfer Refund and a taxpayer's retirement. No such causal link exists because a taxpayer is not obliged, under Maryland law, to transfer from the Retirement System to the Pension System either in order to continue working or in order to retire. Similarly, under Maryland law, a taxpayer is not obliged to retire upon electing to transfer from the Retirement System toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011