- 8 - Although Ms. Seidel reported one-half of the net distribution of $60,060, or $30,030 in gross income on her 1999 Federal income tax return, she claimed the entire credit of $15,400 for the Federal income tax withheld on the $77,000 distribution from petitioner’s CWSC 401(k) plan, together with an itemized deduction on Schedule A of $1,540 for the State and local income taxes withheld on the $77,000 distribution. Petitioner did not report any part of the distribution from the CWSC 401(k) plan on his Form 1040, U.S. Individual Income Tax Return, for taxable year 1999. Following the examination by the Internal Revenue Service (IRS) of petitioner’s and Ms. Seidel’s 1999 Federal income tax returns, petitioner took the position that Ms. Seidel should include the full amount of the distribution of $77,000 in her income for 1999, and Ms. Seidel took the position that petitioner should include one-half of the distribution in his income. As a result, respondent issued notices of deficiency to both petitioner and Ms. Seidel to avoid the possibility of being in a whipsaw position. Respondent determined that petitioner failed to report $30,030 (one-half of the net distribution) in his income for 1999, and Ms. Seidel was responsible for additional income in the amount of $46,970. Ms. Seidel filed a petition to this Court at docket No. 8964-03, in which she contested her liability as to the additional one-half of the net distribution,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011