Robert B. Leppin - Page 3




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          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               Respondent determined a deficiency in petitioner’s Federal             
          income tax of $2,755 for the taxable year 1998.  Respondent                 
          concedes the portion of the deficiency in excess of $712.                   
               The issue for decision is to what extent petitioner must               
          include in income amounts received as railroad retirement                   
          benefits.                                                                   
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and the attached exhibits are                      
          incorporated herein by this reference.  Petitioner resided in               
          Blue Island, Illinois, on the date the petition was filed in this           
          case.                                                                       
               During 1998, petitioner received retirement benefits of                
          $19,844.96 from the U.S. Railroad Retirement Board (RRB).  For              
          that year, petitioner received from the RRB a Form RRB-1099-R,              
          Annuities or Pensions By the Railroad Retirement Board.  This               
          form listed the following:                                                  
                    Employee contributions       $13,290.20                           
                    Contributory amount paid      19,242.96                           
                    Supplemental annuity             602.00                           
                    Total gross paid              19,844.96                           
          Petitioner reported $19,243 of the benefits on his 1998 Federal             
          income tax return, but listed this amount as fully nontaxable               
          Social Security benefits rather than as income from pension and             
          annuities.                                                                  





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