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Background
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
plan.
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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Last modified: May 25, 2011