- 16 - Commissioner, T.C. Memo. 1996-50. Accordingly, we hold that the entire $58,372.50 is includable in petitioners’ 1994 gross income. Income From Satisfaction of Mr. Broedel’s Loan Against His Retirement Account Respondent argues that petitioners received income in 1994 because of the satisfaction of Mr. Broedel’s outstanding loan against his NYRS retirement account. Petitioners argue they did not realize income because the NYRS deducted the loan amount from Mr. Broedel’s retirement account when it was not repaid. At the time of his retirement, Mr. Broedel had an outstanding loan against his retirement funds. Mr. Broedel was given the option of repaying the loan. Mr. Broedel chose not to repay the loan, and the NYRS apparently satisfied the loan by deducting the loan balance from Mr. Broedel’s retirement account balance. The NYRS issued Mr. Broedel a Form 1099-R for 1994 reflecting a taxable amount of $13,393.54, representing the outstanding loan balance. Petitioners did not report this amount on their 1994 tax return. Petitioners did not present testimony at trial on this issue, and they did not argue this issue on brief. Petitioners addressed this issue only in their petition and trial memorandum, in which they claim that the loan amount was “repaid” because the NYRS deducted the loan amount from Mr. Broedel’s retirement account.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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