- 8 - Pension Distributions Next, petitioner claims, as he did in Lange, that the pension distributions he received in the relevant year are not taxable on the mistaken belief that he had contributed to the plan. Based upon the record, and upon our holding in Lange, we find that the pension distributions petitioner received in 2002 from the National Electrical Benefit Fund and from the Electrical Workers Pension Trust Fund are taxable because they were derived wholly from employer contributions. Lange v. Commissioner, supra (citing Ashman v. Commissioner, T.C. Memo. 1998-145, affd. 231 F.3d 541 (9th Cir. 2000); Knight v. Commissioner, T.C. Memo. 1989-219). We further find no evidence to support petitioner’s “new” argument that the pension distributions are excludable under section 104 for personal injuries petitioner allegedly sustained while he was employed. Social Security Benefits We next address whether the $14,388 of Social Security benefits petitioner received in 2002 was taxable. Petitioner claims, as he did in Lange, that the Social Security benefits he received were not taxable. He argues that Social Security benefits are not taxable because they are a return of what he earlier contributed to the “United States Trust Fund.” As in Lange, we conclude that 85 percent of the amount of Social Security benefits petitioner received, or $12,230 in 2002, is taxable. See sec. 86(a)(2), (c)(1) and (2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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