Jeffery Allen Robinson - Page 6

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          The third issue is whether a lump-sum payment of $4,822                     
          received by petitioner during 1992 from the employee retirement             
          plan maintained by the convention center is includable in gross             
          income in the year of distribution.  The parties stipulated, and            
          petitioner acknowledged at trial, that he received, in November             
          1992, a lump-sum distribution from the employee retirement plan             
          with the convention center in the amount of $4,822, which he                
          failed to report on his income tax return for 1992.  In his                 
          petition, petitioner alleged that, since the $4,822 distribution            
          was paid to him in November 1992, the 60-day period in which a              
          rollover of such a distribution is allowed (which is discussed              
          below) continued into January 1993.  Therefore, petitioner                  
          contends that taxation of the funds, if any, should have occurred           
          in the 1993 tax year rather than 1992.                                      
          At trial, petitioner acknowledged that the $4,822                           
          distribution was not rolled over into an Individual Retirement              
          Account (IRA) or into any other qualified plan within 60 days,              
          either in 1992 or 1993.  Petitioner contended that he could not             
          roll over the distribution for reasons which are not entirely               
          clear to the Court and, to some extent, inconsistent.  One reason           
          advanced by petitioner was that he could only contribute $2,000             
          to an IRA, and, since his distribution exceeded that amount, he             








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