Wallace W. Burke - Page 7

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               The calculations reflected on lines 4, 5, and 9 effectively            
          reduce the amount of the gross distribution received by                     
          petitioner during 1999 by a ratable portion of the taxed                    
          contributions he made to his retirement plan, as allowed by                 
          section 72(b).                                                              
               Petitioner argues in his petition that the “IRS alleges the            
          gross distribution retirement pension amount (Form 1099-R, Box 1)           
          is the Federal taxable amount of my pension for computing my                
          Federal income tax on Form 1040, Line 16a.”  We note that the               
          amount of the gross distribution which appears in box 1 of Form             
          1099-R and which should be on line 16a of Form 1040 is not the              
          amount included in petitioner’s gross income.  This amount, while           
          meant to be listed on the Form 1040, does not directly figure               
          into the computation of gross income.  The amount included in               
          gross income is the amount which has been reduced to reflect the            
          taxed contribution portion, and which appears in box 2a on Form             
          1099-R and which should be on line 16b of Form 1040.                        
               Because respondent used the proper investment in the                   
          contract in his calculation of the portion of the annuity                   
          payments includable in petitioner’s gross income, we sustain                
          respondent’s determination in the notice of deficiency.                     
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   








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