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1. Did petitioner receive the distributions at issue in
2001?
Petitioner first contends that he did not receive any
distributions from Americo in 2001, and, therefore, the Forms
1099-R are incorrect. Therefore, we first address whether
petitioner received the distributions at issue in the taxable
year 2001.
Petitioner denies receiving any distribution from Americo
in 2001. Instead, petitioner argues that he received
distributions from his annuity policies only in 1999 in the
following amounts: (1) $4,711 from the first policy on June 14,
1999;5 (2) $3,182 from the second policy on June 7, 1999; (3)
$12,711; and (4) $9,000.6 The reason for these distributions,
petitioner argues, is because he closed his TSA in 1999.
Petitioner further argues that these amounts were based on the
surrender value of the policies at such time. Petitioner’s
contention strains credulity.
Petitioner presented to the Court, inter alia, only copies
of the checks in the amount of $4,711 and $3,182. Remarkably,
the supporting documentation attached to these checks
5 Petitioner testified at trial, however, that he received
this amount in December 1998. The check, dated June 14, 1999,
clearly contradicts petitioner’s assertion.
6 Petitioner presented no evidence of the latter two
amounts that he claimed to have received from Americo in 1999.
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