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Federal income taxes in the amounts of $1,980, $2,032, and
$2,332, respectively. The issue for decision is whether
petitioners must include in income the entire amount of Civil
Service Retirement System (CSRS) retirement benefits received by
Richard L. Seltzer during each year in issue. All other
adjustments made in the notice of deficiency are computational in
nature and will automatically be resolved in accordance with the
resolution of the disputed issue.
Some of the facts have been stipulated and are so found.
The stipulation of facts and the exhibits attached thereto are
incorporated herein by this reference. During the years in
issue, petitioners were husband and wife and filed joint Federal
income tax returns. At the time the petition was filed,
petitioners resided in New Palestine, Indiana. References to
petitioner are to Richard L. Seltzer.
Petitioner was employed in a civilian capacity by the
Department of Defense from 1964 until his retirement in 1974. As
a civilian Federal government employee, petitioner participated
in the CSRS, and over the term of his employment made non-tax
advantaged contributions towards a CSRS retirement annuity in the
amount of $6,350. Petitioner retired from the Department of
Defense on September 1, 1974, and began receiving CSRS retirement
benefits (the annuity) sometime after July of 1975. Petitioner's
annuity took into account his prior military service with the
U.S. Army. It appears that petitioner has been involved in
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