- 2 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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