- 5 - 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.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011