Richard L. and Betty L. Seltzer - Page 4

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                During the year 1989, after having his annuity distributions                 
          reduced as discussed above, petitioner received annuity benefits                   
          from OPM in the amount of $11,447.84.4  Although the Form W-2P(A)                  
          issued by OPM to petitioner with respect to the year 1989                          
          characterized the amount as a "gross" distribution, in fact it                     
          was net of the $1,620.16 repayment.  For the years 1990 and 1991,                  
          petitioner received $13,680 and $14,412, respectively, in annuity                  
          distributions.  The 1990 amount was appropriately reported on a                    
          Form W-2P(A), and the 1991 amount was appropriately reported on a                  
          Form 1099R.                                                                        
                On line 17a of their 1989, 1990, and 1991 Federal income tax                 
          returns, petitioners reported "Total pensions and annuities" in                    
          the amounts of $29,036.84, $32,165.31, and $33,840.72,                             
          respectively.5  On line 17b of their returns for each of the                       


          4Petitioner retired from the U.S. Army Reserves as a                               
          lieutenant colonel in 1981.  He retired from the Ohio Public                       
          Utility Commission as an administrative officer in 1983.  During                   
          each year in issue, in addition to his CSRS annuity                                
          distributions, petitioner also received pension or annuity income                  
          from the U.S. Army, the Public Employees Retirement System of                      
          Ohio (PERS), and Social Security benefits.  The disputed issue in                  
          this case involves only petitioner's CSRS annuity.                                 
          5These totals consisted of the following items:                                    
          Payor          1989            1990            1991                                
          PERS       $3,649.32        $3,748.32       $3,847.32                              
          U.S. Army  13,939.68        14,736.99      15,581.40                               
          OPM        11,447.84        13,680.00       14,412.00                              
          Total     $29,036.84     $32,165.31     $33,840.72                                 





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