Wallace W. Burke - Page 4

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          distributions was $37,477.26, and that the nontaxable portion was           
          $945.24.                                                                    
               Petitioner filed an individual Federal income tax return for           
          1999.  On this return, petitioner reported total pension and                
          annuity distributions of $37,477.26, and he reported that the               
          taxable portion of the distributions was $34,599.02.  In the                
          statutory notice of deficiency, respondent determined that the              
          information reported on the Form 1099-R was correct.                        
               Petitioner does not dispute receiving distributions of                 
          $38,422.50 from TSERS during the year in issue.  Petitioner                 
          argues that respondent’s calculation of the taxable portion of              
          these distributions is in error.                                            
               Gross income generally includes all income from whatever               
          source derived, including pensions and annuities.  Sec. 61(a)(9),           
          (11); sec. 72(a).  However, portions of annuity payments may be             
          excludable from income under section 72(b).  The excludable                 
          portion of a payment generally is that portion which bears the              
          same ratio to such payment as the “investment in the contract”              
          bears to the expected return under the contract, determined at              
          the time the annuity payments begin.  Sec. 72(b)(1).  While the             
          term “investment in the contract” is defined generally as “the              
          aggregate amount of premiums or other consideration paid for the            
          contract”, sec. 72(c)(1)(A), contributions made by an employer on           
          behalf of an employee-taxpayer which were not includable in the             






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