- 12 - On March 8, 1995, the Court filed its memorandum opinion in Dorsey v. Commissioner, T.C. Memo. 1995-97.8 Once again, we relied heavily on Hylton v. Commissioner, supra, in holding that the taxpayer's Transfer Refund was not received on account of the taxpayer's retirement, but rather on account of the taxpayer's election to transfer from the Retirement System to the Pension System. On April 4, 1995, the Court filed Adler v. Commissioner, T.C. Memo. 1995-148, revd. 86 F.3d 378 (4th Cir. 1996). That case, which was decided after a trial at which a representative of the Maryland State Retirement Agency testified, presented facts virtually indistinguishable from those in the present case. Thus, in Adler, the taxpayer, a Maryland State employee, elected to transfer from the Retirement System to the Pension System, effective June 1, 1990. The taxpayer also applied to retire, effective July 1, 1990. Thereafter, the taxpayer received a Transfer Refund. Applying the same analysis as in Hylton v. Commissioner, supra, we held in Adler that the taxpayer did not receive the Transfer Refund on account of his retirement, but rather on account of his election to transfer from the Retirement System to the Pension System. 8 The taxpayer's appeal in Dorsey was ultimately dismissed. Dorsey v. Commissioner, 91 F.3d 129 (4th Cir. 1996).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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