Lawrence L. and Kathleen J. Kelter - Page 4

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                  In 1989 and 1990, petitioner received distributions pursuant                            
            to the Plan of $654,964 and $136,749, respectively (collectively,                             
            the plan distributions).  The plan distributions equaled                                      
            100 percent of petitioner’s accrued benefits under the Plan.                                  
            Petitioner did not report the plan distributions as items of                                  
            gross income on petitioners’ joint 1989 and 1990 Federal income                               
            tax returns.                                                                                  
                  There were no writings concerning any determination by the                              
            Committee that petitioner was totally and permanently disabled.                               
            The Committee determined that petitioner was totally and                                      
            permanently disabled on or about November 7, 1989.                                            
                  On February 20, 1986, the corporation had filed with the                                
            Internal Revenue Service a Form 5300, Application for                                         
            Determination for Defined Benefit Plan For Pension Plans Other                                
            Than Money Purchase Plans.  On June 2, 1987, the Internal Revenue                             
            Service issued a favorable determination letter (the                                          
            determination letter).                                                                        
                                                OPINION                                                   
            I.  Introduction                                                                              
                  The only question we must decide is whether the plan                                    
            distributions constitute items of gross income to petitioner.                                 
            Petitioners claim that the Plan was a dual purpose plan providing                             
            both retirement and disability benefits and that the plan                                     
            distributions were disability payments excludable from gross                                  





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