James Joseph Timmerman - Page 3




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               Respondent determined a deficiency in petitioner’s Federal             
          income tax for the taxable year 1998 in the amount of $20,319,              
          and an accuracy-related penalty under section 6662(a) in the                
          amount of $4,064.                                                           
               The issues for decision are (1) whether a distribution                 
          received by petitioner in 1998 from his deceased brother’s                  
          profit-sharing plan is includable in petitioner’s gross income,             
          and (2) whether petitioner is liable for an accuracy-related                
          penalty for substantial understatement of income under section              
          6662(a).                                                                    
               The stipulation of facts and the attached exhibits are                 
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Jersey City, New Jersey.                   
               Petitioner’s brother, Martin Timmerman (Martin), died                  
          intestate on March 23, 1997.  On October 10, 1997, petitioner was           
          appointed Letters of Administration from the Surrogate’s Court of           
          Hudson County, New Jersey, to administer and settle Martin’s                
          estate.                                                                     
               Prior to his death, Martin worked for JP Morgan and held a             
          deferred interest in a profit-sharing plan (plan).  In a letter             
          dated April 9, 1997, from Gary D. Naylor, Vice President of JP              
          Morgan, petitioner was notified of the monetary balance in the              
          plan and that he was the sole beneficiary of Martin’s plan.                 
          Attached to the letter were an explanation of payment options               






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