- 4 - trial, respondent conceded that $1,572 in Tier I benefits represented payment for a disability and is, therefore, nontaxable. With respect to the Tier II benefits, respondent conceded that the 1996 taxable benefit should be reduced by $1,375, an amount received by petitioner prior to 1996, and by $782, an amount which represents petitioner’s contribution. Therefore, respondent’s position at trial was that $4,194 of Tier II benefits is taxable income in 1996. Petitioner did not present any legal or factual argument in opposition to respondent’s position. Since 1974, benefits received by railroad retirees have been divided into two programs, identified as Tier I and Tier II benefits. Tier I benefits are essentially the equivalent of Social Security benefits and are distributed in the same amount as Social Security benefits. Tier I benefits are taxed under the provisions of section 86. If, however, Tier I benefits are paid as compensation for injuries or sickness, the payments are not taxable pursuant to section 104. Tier II benefits, which are in the nature of pension benefits, are taxed under the provisions of section 72(r). See Ernzen v. United States, 875 F.2d 228 (9th Cir. 1989); Wallers v. United States, 847 F.2d 1279 (7th Cir. 1988); Bradley v. Commissioner, T.C. Memo. 1991-578. Analyzing the corresponding amounts of payments received by petitioner, as listed above, we note that petitioner’s Tier IIPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011