Sanford M. and Sally Kirshenbaum - Page 11




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               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”.                       




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