- 3 - discrepancy between the amount of $31,267 shown on the 1998 Form 1099-R and the amount of $31,266 shown on the notice of deficiency to be de minimis. Petitioner contends that the restrictions of section 72 did not apply to him. He asserts that he “wanted to test the envelope.” Petitioner said he’s “heard of people trying it and some getting away with it.” He also contends he is entitled, based on his retirement contributions, to a greater tax-free portion of the 1998 pension annuity distribution. In general, the determinations of the Commissioner in a notice of deficiency are presumed correct, and the burden is on the taxpayer to show that the determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner does not argue the applicability of section 7491(a), and the record reflects that section 7491(a) does not apply. Gross income generally includes income from whatever source derived, including income from pensions and annuities. Sec. 61(a)(9), (11); sec. 72(a). Section 72 provides in general that amounts received under an annuity contract are includable in gross income except to the extent that such amounts are considered to be a return of consideration paid. Specifically, section 72(a) provides that unless otherwise provided, gross income includes any amount received as an annuity. Section 72(b), however, provides that a portion of the annuity will be excluded from gross income. In particular, grossPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011