- 3 - On January, 1, 1986, petitioner retired from General Motors and began receiving monthly disability benefits. Petitioner received his retirement and his disability benefits in two separate monthly checks. Petitioner received one check from General Motors and one check directly from MetLife. The payments petitioner received from MetLife were payments made under the disability plan and were based on the number of years petitioner was employed by General Motors. Though petitioner initially included his disability benefit payments received from MetLife in gross income on his Federal income tax returns, on advice of a tax preparer, petitioner filed a Form 1040X, Amended U.S. Individual Income Tax Return, for the 1987 taxable year and reported the MetLife payments as nontaxable disability income pursuant to sections 105(c)(1), 105(c)(2), and section 1.105-3, Income Tax Regs., and requested a refund for excess income tax withholding. The Internal Revenue Service (IRS) allowed the requested amounts as overpayments that it offset against outstanding income tax liabilities. Petitioner continued to request a refund for excess income tax withholding for every taxable year from 1987, up to, and including, the year in issue. Once petitioner’s income tax liabilities were paid in full, the IRS refunded the balance of the claimed excess withholding for tax years up to, and including, 1995.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011