Hugo Madioni and Susanne J. Nicolai - Page 2

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          181, and 182.1  Respondent determined a deficiency in                       
          petitioners' 1992 Federal income tax in the amount of $1,120.               
               The only issue in dispute is whether petitioners are                   
          entitled to a deduction in the amount of $4,000 for contributions           
          to their respective individual retirement accounts (IRA).                   
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioners resided in Largo, Florida.                            
               During 1992, petitioner Hugo M. Nicolai was employed by                
          Varian Associates, Inc. (Varian).  In October 1992, Mr. Nicolai             
          became eligible to participate in Varian's pension plan.  On                
          December 31, 1992, Mr. Nicolai had a balance of $377.60 to his              
          credit in Varian's pension plan.                                            
               Petitioner Susanne J. Nicolai was employed by Morton F.                
          Plant Hospital in 1992.  Mrs. Nicolai began working at the                  
          hospital in 1990 and terminated her employment during the summer            
          of 1992.  The hospital had a pension plan wherein an employee               
          received forfeitable rights until vested, which required 6 years            
          of employment.  Since Mrs. Nicolai worked approximately 2 years             
          for the hospital, her rights did not vest in the pension plan.              



          1  All section references are to the Internal Revenue Code                  
          in effect for the tax year at issue.  All Rule references are to            
          the Tax Court Rules of Practice and Procedure.                              




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