- 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011