- 7 - The parties agree that Mr. Logsdon elected under 5 U.S.C. section 8343a to receive an alternative annuity consisting of a lump-sum credit and a reduced annuity. The parties also agree that Mr. Logsdon's contributions to the CSRS should be recovered tax free. Consequently, this case does not involve the question of whether Mr. Logsdon can recover his contributions tax free but rather when that recovery should occur. While petitioners acknowledge that the CSRS plan, in which Mr. Logsdon participates, is a defined benefit plan, they argue that Mr. Logsdon's contributions were made to a separate account in the CSRS, thus satisfying the separate-account requirement of section 414(k). Thus, petitioners assert that his receipt of the lump-sum credit in 1991 was simply a tax-free return of his contributions. Respondent, however, contends that case law is settled that the lump-sum credit must be reported as taxable income in the year received pursuant to section 72(e)(2). Petitioners concede that for a separate account to be recognized as a defined contribution plan for purposes of section 414(k), it must have some of the characteristics of a defined contribution plan. Section 414(i) defines a defined contribution 6(...continued) (2) for purposes of [section] 72(d) * * * be treated as consisting of a defined contribution plan to the extent benefits are based on the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits under the plan * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011