Lawrence L. and Kathleen J. Kelter - Page 2

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                            MEMORANDUM FINDINGS OF FACT AND OPINION                                       
                  HALPERN, Judge:  By notice of deficiency dated January 27,                              
            1995, respondent determined deficiencies of $190,189 and $45,127                              
            in petitioners’ Federal income tax liabilities for 1989 and 1990,                             
            respectively.  The only question for decision is whether certain                              
            pension plan distributions that petitioner Lawrence L. Kelter                                 
            received in 1989 and 1990 are includable in gross income.  Unless                             
            otherwise noted, all section references are to the Internal                                   
            Revenue Code in effect for the years in issue, and all Rule                                   
            references are to the Tax Court Rules of Practice and Procedure.                              
                                           FINDINGS OF FACT                                               
                  Some facts have been stipulated and are so found.  The                                  
            stipulation of facts filed by the parties and accompanying                                    
            exhibits are incorporated herein by this reference.  Petitioners                              
            resided in Scottsdale, Arizona, at the time the petition in this                              
            case was filed.                                                                               
            Dr. Kelter                                                                                    
                  Petitioner Lawrence L. Kelter (hereafter, petitioner) is a                              
            dentist.  In 1987, petitioner began suffering from bilateral                                  
            carpel tunnel syndrome.  Thereafter, in 1987, 1988, and 1989,                                 
            petitioner underwent several surgeries in order to alleviate his                              
            pain and suffering therefrom.  The surgeries were unsuccessful in                             
            relieving petitioner’s pain.  In 1987, petitioner ceased the                                  
            practice of dentistry.                                                                        





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