Thomas H. Ploss - 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 $2,226 for the taxable year 1998.                             
               The issue for decision is whether petitioner must include              
          certain retirement annuity payments in gross income.1                       
               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               
          Wilmette, Illinois, on the date the petition was filed in this              
               Petitioner is an attorney and administrative law judge.  He            
          was employed by the Chicago, Milwaukee, St. Paul, and Pacific               
          Railroad Company (Milwaukee Road) from 1966 until 1980, when his            
          employment was terminated due to the company’s bankruptcy.  As a            
          result of his employment at Milwaukee Road, petitioner became               
          vested in benefits in the form of an annuity payable upon                   
          retirement.  After petitioner’s employment was terminated in                

          1Respondent also determined that petitioner received                        
          unreported tier 1 railroad retirement benefits, which for Federal           
          tax purposes are treated in the same manner as Social Security              
          benefits.  Sec. 86(d)(1)(B).  The parties agree that petitioner             
          received $5,151 of such benefits in 1998, and that they were                
          reported on petitioner’s tax return, but that they were reported            
          as pension or annuity income rather than as Social Security                 
          benefits.  The portion of these benefits which is correctly                 
          includable in gross income pursuant to sec. 86(a) is                        
          computational and will be determined by our holding on the issue            
          in this case.                                                               

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