Martin Edward Caulfield - Page 6

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          nor does "drawing" from his retirement funds connote that such              
          funds are not taxable.  Respondent, therefore, is sustained on              
          this issue.                                                                 
               Petitioner also contends that he is entitled to a credit for           
          prior payments or income tax withholdings in excess of the amount           
          stated in the Form 1099-R filed by Sunoco.  However, the Court              
          lacks jurisdiction to consider this argument because, under                 
          section 6211, a deficiency is determined without regard to the              
          amount of tax withheld on a taxpayer's income.  Redcay v.                   
          Commissioner, 12 T.C. 806, 809-810 (1949); sec. 301.6211-1(b),              
          Proced. & Admin. Regs.                                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


                                             Decision will be entered                 
                                        for respondent.                               


















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