- 3 - As explained in detail below, there is no genuine issue as to any material fact, and a decision may be rendered as a matter of law. Accordingly, we shall grant respondent’s motion for summary judgment. Background A. Petitioner’s Form 1040A for 1997 On or about May 7, 1998, petitioner submitted to respondent a Form 1040A, U.S. Individual Income Tax Return, for the taxable year 1997. On the Form 1040A, petitioner listed his occupation as “Computer Programmer”. Petitioner entered zeros on applicable lines of the income portion of the Form 1040A, specifically including line 7 for wages, line 11b for taxable pensions, and line 16 for adjusted gross income. Petitioner also entered zero on line 28 for total tax. Petitioner then claimed a refund of $9,618 equal to the amount of Federal income tax that had been withheld from his wages. Petitioner attached to the Form 1040A: (1) A Form W-2, Wage and Tax Statement, disclosing that he was paid wages of $50,560.85 by Harrah’s-Las Vegas, and had withholding of Federal income tax of $9,618.03, during the taxable year 1997, and (2) a Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRA’s, Insurance Contracts, etc., disclosing that he received a distribution of $13,000 from thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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