- 2 - Respondent determined a deficiency in petitioner’s Federal income tax of $9,170 for taxable year 1999. In the notice of deficiency, respondent increased petitioner’s gross income by $30,030 and reduced by $601 the miscellaneous itemized deductions taken by petitioner. The issue for decision is whether petitioner is taxable on one-half of the net distribution of $60,060 made from his California Water Service Company 401(k) plan pursuant to a marital settlement agreement dissolving his marriage to Laura Seidel (Ms. Seidel). Respondent’s computational adjustment of $601 to petitioner’s claimed miscellaneous itemized deductions will be resolved by our holding on the issue. Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits thereto are incorporated herein by this reference. Petitioner resided in Yuba City, California, on the date the petition was filed in this case. Petitioner married Ms. Seidel on October 23, 1993. During the marriage, petitioner was employed by the California Water Service Company (CWSC). Petitioner’s employment with CWSC commenced in 1974 and continued beyond the dissolution of the marriage. As an employee of CWSC, petitioner was a participant in a tax-deferred savings plan (CWSC 401(k)) sponsored by CWSC pursuant to section 401(a) and (k). Petitioner’s participationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011