James E. & Ruth L. Norris - Page 2




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               After concessions by the parties,1 the sole issue for                  
          decision is whether payments under the Federal Employees                    
          Retirement System (FERS) received during the 1995 tax year are              
          excludable from gross income under section 104(a)(1).                       
          Adjustments to Social Security income are computational and will            
          be resolved by the Court’s holding on the issue in this case.               
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time of filing the           
          petition, petitioners resided in Tacoma, Washington.  Petitioners           
          are husband and wife.  References to petitioner in the singular             
          are to James E. Norris.                                                     
               Petitioner has a 4-year degree in social sciences from                 
          Central Washington University with a minor in aviation studies.             
          He also holds a master’s degree in criminal justice                         
          administration and has completed 1 year of law school.                      
          Petitioner served for approximately 8 years in the United States            
          Air Force and left at a rank of Captain in 1980.  After a few               


               1    Petitioners concede that they failed to report interest           
          income of $141 received by Ruth L. Norris from Peoples Bank and             
          Trust in 1995.  Petitioners further concede that they failed to             
          report gambling winnings of $798 earned by petitioner in 1995.              
          Because petitioner incurred gambling losses in excess of his                
          gambling income, $798 will be deductible on Schedule A, Itemized            
          Deductions.                                                                 
               Respondent concedes an accuracy-related penalty under sec.             
          6662(a) and (d) of $1,326, as determined in the notice of                   
          deficiency.                                                                 




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