- 4 - By notice dated September 20, 1999 (September notice), the IRS proposed to change petitioners’ 1997 return to include unreported pension income. The proposed changes appear to have been brought about by review of petitioners’ return and the information returns submitted to the IRS by the Railroad Retirement Board. Petitioners disagreed with the proposed changes set forth, and the IRS realized that the proposed changes failed to include $515 of the taxable Tier 1 railroad retirement benefits. By letter dated December 2, 1999, the IRS acknowledged that the changes proposed in its September notice were incorrect and proposed revised changes to petitioners’ 1997 return (December proposed changes). The December proposed changes are the basis for the statutory notice of deficiency issued petitioners on April 7, 2000. Discussion Since 1983, railroad retirees have been taxed on two categories of benefits. See Railroad Retirement Solvency Act of 1983, Pub. L. 98-76, 97 Stat. 411. “Tier 1” benefits are taxed in the same manner as Social Security benefits under the provisions of section 86. See sec. 86(d)(1)(B). “Tier 2” benefits are taxed in the same manner as pension benefits provided under an employer plan that meets the requirements of section 401(a). See sec. 72(r).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011