Joseph E. Simanonok - Page 3




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               (5) Whether petitioner is liable for a penalty under section           
          6673(a)(1).  We hold that he is.                                            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in Bradenton, Florida, at the time               
          that his petition was filed with the Court.                                 
               Petitioner retired from the U.S. Air Force as a major in               
          1969.  Since that time, he has received military retirement pay.            
          A.  Petitioner’s Income in 1996                                             
               In 1996, the taxable year in issue, petitioner received                
          military retirement pay in the amount of $22,801.56.2  The                  
          military paymaster, the Defense Finance and Accounting Service              
          (DFAS), did not withhold any income tax from petitioner’s                   
          retirement pay.3                                                            
               DFAS reported the $22,801.56 paid to petitioner to the                 
          Internal Revenue Service utilizing Form 1099-R, Distributions               
          From Pensions, Annuities, Retirement or Profit-Sharing Plans,               
          IRAs, Insurance Contracts, etc.  DFAS reported both the gross               


               2 This amount does not include the portion ($10,657.44) of             
          petitioner’s retirement pay that was paid to petitioner’s former            
          spouse, Germaine B. Simanonok.  Petitioner and Mrs. Simanonok               
          were divorced in 1972.  One facet of their divorce litigation               
          appears in Simanonok v. Simanonok, 787 F.2d 1517 (11th Cir.                 
          1986).                                                                      
               3 However, pursuant to a notice of levy, DFAS did pay over a           
          portion ($8,435.71) of petitioner’s retirement pay to the                   
          Internal Revenue Service for various unpaid assessments.                    





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