Margaret M. Merker - Page 2

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               Respondent determined deficiencies in petitioner's Federal             
          income taxes for the taxable years 1992 and 1993 in the amounts             
          of $799 and $791, respectively.   Respondent also determined                
          additions to tax pursuant to section 6651(a) in the respective              
          amounts of $199.75 and $197.75.  Petitioner resided in Chicago,             
          Illinois, at the time she filed her petition.                               
               After concessions,2 the primary issue is whether amounts               
          received by petitioner as a disability retirement annuity under             
          the Federal Employees' Retirement System (FERS)3 are excludable             
          from gross income for the years in issue.                                   
                                  FINDINGS OF FACT                                    
               Petitioner worked in a distribution center for the U.S.                
          Postal Service (Postal Service) from August 1984 to October 1990.           
          As a result of the inhalation of dust emanating from the postal             
          machines petitioner developed severe asthma or "occupational                

          2   Respondent concedes that for the taxable years 1992 and 1993            
          (1) petitioner is not liable for the additions to tax under sec.            
          6651(a) due to petitioner's reliance on the erroneous advice of             
          the U.S. Office of Personnel Management, discussed infra; (2)               
          petitioner is entitled to credits for the permanently and totally           
          disabled pursuant to sec. 22 in the amounts of $472 and $463,               
          respectively; and (3) if the FERS disability retirement annuity             
          is not subject to Federal income tax, petitioner was not required           
          to file Federal income tax returns.  Petitioner concedes that the           
          interest and dividends described in the notice of deficiency                
          constitute taxable income.                                                  
          3   Congress created the Federal Employees' Retirement System,              
          the successor to the Civil Service Retirement System, with the              
          enactment of the Federal Employees' Retirement System Act of                
          1986, Pub. L. 99-335, 100 Stat. 514, codified as amended at 5               
          U.S.C. secs. 8401-8479 (1994).                                              




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