- 2 - Kenneth M. Barish, James R. McDaniel, and Bruce L. Ashton, for petitioner. Paul B. Burns, for respondent. GERBER, Judge: Respondent alternatively determined a $540,716 income tax deficiency and a $135,179 addition to tax under section 66611 for the 1985 tax year, or a $537,808 income tax deficiency and a $107,562 addition to tax under section 6661 for the 1986 tax year. The issues remaining for our consideration are: (1) Whether petitioner’s waiver of his pension plan benefits and use of them by his wholly owned corporation resulted in a taxable distribution to him; (2) if it is a taxable distribution, whether it is recognizable in 1985 or 1986; and (3) whether petitioner is liable for an addition to tax under section 6661. FINDINGS OF FACT2 Petitioner resided in Fontana, California, at the time of the trial of these consolidated cases. Petitioner was married to Adele M. Gallade (ex-wife) during the period under consideration, except for an interim period when they were divorced (January 20 1 Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the years at issue, and the Rule references are the Tax Court Rules of Practice and Procedure. 2 The stipulation of facts and exhibits are incorporated herein by this reference.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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