- 6 - income the $895 taxable portion of the $5,149 Great-West distribution. Petitioner, however, reported no additional tax under section 72(t) with respect to the $895 taxable portion of the Great-West distribution. On audit, respondent determined that petitioner’s transfer of a portion of the funds invested in the Fortis annuity contract into the Equitable annuity contract did not qualify as a nontaxable exchange under section 1035 and that petitioner received $30,535 of unreported taxable income relating thereto. Respondent also determined that petitioner is liable under section 72(q) for a 10-percent penalty of $3,054 on the $30,535 portion of the withdrawal from the Fortis annuity contract that respondent treated as taxable. Further, in calculating petitioner's taxable gain on the sale of her home, respondent disallowed entirely petitioner's claimed tax basis of $335,492. Respondent disallowed petitioner's claimed miscellaneous itemized deductions of $13,250, and respondent determined that petitioner is liable for a 10-percent additional tax of $90 under section 72(t) on the $895 taxable portion of petitioner's $5,149 Great-West distribution. Before trial, respondent allowed petitioner a tax basis in her home of $221,633, consisting of the purchase price of $53,500 and all of the claimed $168,133 in improvements that were made toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011