- 2 -
Rules 180, 181, and 183.1 The Court agrees with and adopts the
Opinion of the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
ARMEN, Special Trial Judge: Respondent determined a
deficiency in petitioner's Federal excise tax under section 4980A
for the taxable year 1991 in the amount of $26,672.2
The issue for decision is whether the Transfer Refund
distribution received by petitioner in 1991 from the Maryland
State Employees' Retirement System is subject to the 15-percent
excise tax under section 4980A as an excess distribution from a
qualified plan.
This case was submitted fully stipulated under Rule 122, and
the facts stipulated are so found. Petitioner resided in
Cambridge, Maryland, at the time that her petition was filed with
the Court.
I. Background
At all times relevant to this case, petitioner was employed
as an employment specialist by the Maryland State Department of
1 Unless otherwise indicated, all section references are
to the Internal Revenue Code in effect for the taxable year in
issue, and all Rule references are to the Tax Court Rules of
Practice and Procedure.
2 Sec. 4980A imposes a 15-percent excise tax on excess
distributions from qualified retirement plans. This tax is
included within ch. 43 of the I.R.C. and is subject to the
deficiency procedures set forth in subch. B of ch. 63 of the
I.R.C. See sec. 6211(a).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011