Kenneth L. Nordtvedt - Page 4




                                        - 4 -                                         
          gross pension payment of $26,313 annually.                                  
               The formula used by the MTRS to determine the taxable                  
          portion of petitioner’s pension based on his after-tax                      
          contributions (the formula) is in accordance with the rules                 
          prescribed by the regulations promulgated under the Internal                
          Revenue Code.  See sec. 1.72-4, Income Tax Regs.  According to              
          the formula, the portion of petitioner’s pension income that is             
          subject to tax in 1996, based on the nominal value of his after-            
          tax contributions and the age of petitioner at his retirement in            
          1988, is $24,843.                                                           
               Petitioner reported $22,979 as the amount of his pension               
          that was subject to tax in 1996.  To arrive at this figure,                 
          petitioner first adjusted the basis in his retirement annuity by            
          an inflation factor to take account of inflation between the date           
          of his contributions to the retirement plan and the annuity                 
          starting date.  According to his calculation, petitioner’s basis            
          as of his retirement in 1988 was $57,972 instead of the nominal             
          basis of $36,734.  Petitioner then adjusted the basis in his                
          annuity as of the date of his retirement to account for expected            
          inflation over his actuarial life.                                          
                                     Discussion                                       
               Petitioner’s total pension income in 1996 was $26,313.                 
          Pursuant to the applicable regulation, which allows for recovery            
          of petitioner’s basis in the pension, the taxable portion of                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011