- 5 - Washington seeking compensation for an emotional injury allegedly sustained as a result of discrimination by the FAA. Petitioner sought relief under the Federal Tort Claims Act (FTCA), 28 U.S.C. secs. 2671-2680, but asserted that jurisdiction was appropriate under FECA. This action was subsequently dismissed without prejudice based upon petitioner’s failure to exhaust administrative remedies prior to bringing suit under FTCA and petitioner’s failure to allege a constitutional claim under FECA. On their 1995 Federal income tax return, petitioners reported total pension and annuity income in the amount of $6,936, none of which was included in their gross income for that year. Petitioner received from OPM Form 1099-R, Statement of Annuity Paid, for 1995 showing a gross annuity amount of $29,459.94. Petitioners included an attachment to their return stating “Although the total Personal Injury Disability Annuity listed on the OPM Form No. CSA-1099-R, lists the total annuity as $29,459.94. [sic] Only $6,936.00 was for Tax Year 1995.” Petitioner further disclosed the pending worker’s compensation claim. In the notice of deficiency, respondent determined that no portion of payments from OPM paid to petitioners during 1995 was excludable from gross income and increased petitioners’ 1995 taxable income in the amount of $29,459.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011