- 10 - Petitioner attached to the Form 1040 a Form W-2, Wage and Tax Statement, from the Pawtucket Public School System (Pawtucket School) disclosing the payment of wages to Mrs. Kirshenbaum in the amount of $45,504.70 during 1998. The Form W-2 indicated that Mrs. Kirshenbaum contributed to an “ERS”11 and that she was an active participant in a qualified retirement plan. D. Respondent’s Deficiency Notice In the notice of deficiency, respondent determined that petitioner received a taxable IRA distribution of $49,997.15 on the basis that petitioner did not roll over his IRA distribution. Respondent also determined that petitioner received taxable Social Security benefits of $12,475, which was not disability income. In addition, respondent determined that both petitioner and Mrs. Kirshenbaum were not entitled to IRA contribution deductions because they did not substantiate their IRA deductions. Finally, respondent determined that petitioners are liable for an accuracy-related penalty due to a substantial understatement of income tax. Discussion In general, the determinations of the Commissioner in a notice of deficiency are presumed correct, and the burden is on the taxpayer to show that the determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under 11 ERS stands for “Employee Retirement System”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011