- 2 - 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 case. 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011