James B. and Joan E. Murtaugh - Page 4

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          Murtaugh from the Union Camp Corporation retirement plan for the            
          taxable year 1990.  We hold that petitioners are required to                
          include the entire distribution as ordinary income.                         
               (2) Whether petitioners are entitled to an ordinary, rather            
          than a capital, loss in the amount of $59,700 from the                      
          foreclosure in 1992 of petitioners' two timeshare units in a                
          resort lodging facility.  We hold that petitioners are entitled             
          to an ordinary loss.                                                        
               (3) Whether petitioners are liable for additions to tax for            
          failure to file and for failure to pay estimated tax.  We hold              
          that petitioners are liable for additions to tax to the extent              
          provided in the opinion.                                                    
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  We           
          incorporate by this reference the stipulation of facts and                  
          attached exhibits.  At the time of filing the petition,                     
          petitioners resided in Tuckahoe, New York.                                  
          Issue 1.  Distribution Under a Qualified Plan                               
               In 1990, petitioner James Murtaugh (petitioner) received a             
          distribution from his qualified pension plan at Union Camp                  
          Corporation.  The gross distribution from the pension plan was in           
          the amount of $25,313.22, composed of an actual distribution of             
          $16,203.29, and an amount of $9,109.93 that offset an outstanding           
          loan principal.  Petitioner received the gross distribution                 
          because he ceased employment with Union Camp and his                        




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