Alfred P. Duffy - Page 2

               Respondent determined a deficiency in petitioner's Federal             
          income tax for the taxable year 1990 in the amount of $4,047.               
          The deficiency includes the 10-percent additional tax imposed by            
          section 72(t) on early distributions from qualified retirement              
          plans.                                                                      
               After a concession by petitioner,2 the issues for decision             
          are as follows:                                                             
               (1) Whether petitioner received unreported wages in the                
          amount of $10,899; and                                                      
               (2) whether petitioner is liable for the additional tax                
          imposed by section 72(t).                                                   
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in the State of New York at the time             
          that his petition was filed with the Court.                                 
          Petitioner's Employment                                                     
               In June 1989, petitioner signed a 5-year contract with the             
          Poughkeepsie City School District (the school district) to serve            
          as assistant superintendent.  In September 1989, petitioner was             






          2 In the notice of deficiency, respondent determined that                   
          petitioner failed to report a distribution from American Capital            
          Trust Co. in the amount of $2,410.91.  Petitioner did not raise             
          this issue in his pleadings, nor did he address it at trial.                
          Accordingly, this issue is deemed to be conceded by petitioner.             
          Rules 34(b)(4), 142(a).                                                     




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