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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 petitioners' Federal excise tax under section 4980A
for the taxable year 1991 in the amount of $35,308.2
After a concession by respondent,3 the only issue for
decision is whether the Transfer Refund distribution received by
petitioner Anna Mae Emmons 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. The resolution of this issue turns on whether
the Transfer Refund was paid from a defined benefit plan, as
respondent contends, or from a defined contribution component of
a defined benefit plan described in section 414(k), as
petitioners contend.
This case was submitted fully stipulated under Rule 122, and
the facts stipulated are so found. Petitioners resided in
Frederick, Maryland, at the time that their petition was filed
with the Court.
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).
3 Respondent concedes that petitioner Harold E. Emmons is
not liable for the deficiency in issue herein. See also infra
note 6.
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