James B. and Joan E. Murtaugh - Page 5

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          participation in the plan was terminated.  At some point prior to           
          the gross distribution petitioner had taken out a loan or loans             
          from his pension plan account to pay for the education of                   
          petitioners' three children and to make improvements to                     
          petitioners' residence, resulting in the outstanding loan balance           
          of $9,109.93 at the time of the gross distribution.                         
               A statement of petitioner's pension plan account as of April           
          30, 1990, the effective date of petitioner's termination from the           
          plan, indicated that there was an attached check in the amount of           
          $16,203.29, and that the outstanding loan balance of $9,109.93              
          would be included in the gross distribution for purposes of                 
          determining taxable income.  On the Form 1099R issued to                    
          petitioner, the plan administrator reported the gross                       
          distribution as a taxable distribution of $25,313.12, indicating            
          that this amount included a defaulted loan of $9,109.93.  The               
          Form 1099R indicated that no amount of the gross distribution was           
          eligible for a capital gains election.                                      
               All of petitioners' tax returns for the years in issue were            
          submitted to the Internal Revenue Service after the notices of              
          deficiency in this case were issued.  Petitioners did not pay any           
          tax for the 1990 taxable year except withholding tax.  With                 
          respect to the 1990 taxable year, petitioners filed a tax return            
          and two amended returns during the first 3 months of 1996.  There           
          are inconsistencies within each return, and inconsistencies                 
          between the returns.  Petitioners' first tax return for 1990                




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