Dennis J. Lawless - Page 4

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               The parties have stipulated some of the facts, which we                
          incorporate herein by this reference.  When he petitioned the               
          Court, petitioner resided in Knoxville, Tennessee.                          
               During 1997, petitioner received an $11,747 distribution               
          from the Denso Associates’ 401(k) Retirement Plan (the Denso Plan           
          distribution).  Petitioner was then 42 years old.  He deposited             
          no portion of the Denso Plan distribution into another qualified            
               On his 1997 Federal income tax return, filed April 15, 1998,           
          petitioner did not compute his tax liability but rather elected             
          to have respondent compute it.  Petitioner’s 1997 tax return                
          lists the $11,747 Denso Plan distribution as taxable income, in             
          addition to $22,168 of wages and $372 of unemployment                       
          compensation.  Petitioner’s 1997 tax return also shows total                
          Federal income tax withheld of $5,807.2                                     

               2 It is unclear from the record exactly what data petitioner           
          placed on his 1997 Federal income tax return and what data might            
          have been placed on the return by respondent’s agents based on              
          information reports that petitioner attached to his return and              
          that reflect all the income items listed on the return.  Some of            
          the handwritten numerical entries in the formatted columns on               
          petitioner’s Form 1040, U.S. Individual Income Tax Return, are              
          written over.  Other numerical entries, in a different hand,                
          appear in the margins.  Petitioner testified that “I just put my            
          name down, my address.  I stapled the return to it. * * * I never           
          done put any figures down.”  Respondent does not contend that               
          petitioner failed to file a valid 1997 U.S. individual income tax           
          return.  Cf. secs. 6011 and 6012.                                           

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