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connection with his official duties. Accordingly, in late
September or early October 1990, petitioner commenced a court
proceeding (the court proceeding) against the school district in
the Supreme Court of Dutchess County, New York (the trial court).
In the court proceeding, petitioner sought the return of net
wages already withheld and to enjoin the school district from
withholding net wages in the future.
In January 1991, the trial court dismissed the court
proceeding. Petitioner then appealed to the Appellate Division
of the Supreme Court of New York (the Appellate Division). In
May 1992, the Appellate Division affirmed the trial court.
Petitioner did not pursue any further appeal.
Petitioner's Annuity Contract
Petitioner maintained an annuity contract described in
section 403(b) with American Capital Trust Co. (the American
Capital account). On or about February 5, 1990, petitioner
requested a distribution of the entire amount in his account with
American Capital because of "financial hardship". On or about
February 13, 1990, petitioner received a distribution in the
amount of $2,410.91 from his American Capital account.
Petitioner was 44 years old at the time that he received the
distribution.
Petitioner's 1990 Income Tax Return
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