- 7 - Petitioners' Federal Income Tax Return On their Federal income tax return (Form 1040) for 1991, petitioners reported the taxable portion of the Transfer Refund and the taxable portion of petitioner's annuity payments as ordinary income. In the notice of deficiency, respondent characterized petitioner's retirement distributions over $150,000 as an excess distribution from a qualified retirement plan.6 Respondent then determined that petitioners were liable for the excise tax under section 4980A.7 Discussion The only issue for decision is whether petitioners are liable for the 15-percent excise tax for an excess retirement distribution under section 4980A. 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. 6 The Forms 1099-R (Total Distributions From Profit-Sharing Plans, Individual Retirement Arrangements, Insurance Contracts, Etc.) issued by the Maryland State Retirement Agency indicate that the taxable portion of the Transfer Refund was $378,585. Petitioners reported the taxable portion of the Transfer Refund on their 1991 income tax return consistent with the Forms 1099-R. Likewise, respondent determined the amount of the excess distribution based on the taxable portion reported on the Forms 1099-R. However, the parties stipulated that the taxable portion of the Transfer Refund was $378,053.86. The parties' stipulation appears to account for an error on one of the Forms 1099-R. In any event, we give effect to the stipulation. 7 See supra note 3 regarding respondent's concession as to petitioner Harold E. Emmons.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011