- 3 - 1980, Milwaukee Road was merged into the Soo Line Railroad Company (Soo Line), and the Soo Line pension plan became the successor of the Milwaukee Road pension plan. In 1995, petitioner applied for retirement benefits in the form of an annuity from the Soo Line pension plan, and in the year in issue petitioner received $2,807 in benefits therefrom. On his 1998 Federal income tax return, petitioner did not report any of the benefits received from the Soo Line pension fund. In the statutory notice of deficiency, respondent determined that petitioner had unreported pension or annuity income.2 Gross income generally includes income from whatever source derived, including income from pensions and annuities. Sec. 61(a)(9), (11); sec. 72(a). However, gross income does not include “that part of any amount received as an annuity under an annuity * * * contract which bears the same ratio to such amount as the investment in the contract * * * bears to the expected return under the contract”. Sec. 72(b)(1); see also sec. 72(d). Petitioner argues that no portion of the pension distributions he received in 1998 should be taxable because the benefits “were funded by contributions made by deductions from 2The notice of deficiency states in one instance that the total pension and annuity income received by petitioner in 1998 was $3,677 and then states in another instance that it was $2,807. We accept the parties’ stipulation that petitioner received total distributions of $2,807.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011