Wallace F. and Mi-Ja H. Smith - Page 5




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          reported adjusted gross income of $69,313.51 for 1997.  Among               
          other itemized deductions not at issue herein, petitioners                  
          claimed a deduction for a casualty or theft loss of $300,000 in             
          connection with the loss, at the time of petitioner's dismissal             
          from Berkeley, of his employer-sponsored term life insurance                
          policy having a face value of $300,000.  Thus, petitioners                  
          reported a zero tax liability for 1997, a withholding credit of             
          $14,019.67, and an overpayment of $14,019.67.                               
               In the notice of deficiency, respondent determined that                
          petitioners failed to include in income $45,955 in taxable                  
          retirement distributions from Berkeley and that the $11,281                 
          distribution from petitioner's Bank of America IRA was taxable.             
          Respondent determined further that petitioners were not entitled            
          to a deduction for the $300,000 casualty or theft loss claimed on           
          their return and that petitioners were liable for the accuracy-             
          related penalty under section 6662(a) for a substantial                     
          understatement in tax or for negligence or disregard of rules or            
          regulations in the amount of $3,211.20.                                     
               The first issue is whether petitioners failed to include in            
          income $45,955 in taxable retirement plan distributions for the             
          year at issue identified above as the U. of California Benefits             
          Program.  Beginning in February 1997, petitioner began receiving            
          monthly pension checks of $5,579.83 from the University of                  
          California totaling $61,378.13 for the year (the pension                    





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