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Tax Return, for taxable year 1998 (1998 return).2 In the 1998
return, they reported total wages of $92,697, total interest of
$56, a retirement plan distribution of $40,420, total income of
$133,173, total tax of $28,730, total tax payments of $16,658,
and tax due of $12,443. Petitioner and Mr. Simon attached to the
1998 return (1) Forms W-2, Wage and Tax Statement, for 1998 that
reported their respective wages of $34,681.20 and $58,016.49 and
respective Federal income tax (tax) withheld of $4,014.04 and
$9,114.06 and (2) Form 1099R, Distributions From Pensions,
Annuities, Retirement, or Profit-Sharing Plans, IRAs, Insurance
Contracts, etc., for 1998 that reported a fully taxable gross
retirement plan distribution of $40,419.71 to Mr. Simon (Mr.
Simon’s 1998 retirement plan distribution) by First Union Na-
tional Bank, First Union IRA Department (First Union) and tax
withheld of $3,529.70. The following jurat appeared immediately
above the respective signatures of petitioner and Mr. Simon on
the 1998 return and immediately below, inter alia, the $12,443 of
tax shown due in that return: “Under penalties of perjury, I
declare that I have examined this return and accompanying sched-
ules and statements, and to the best of my knowledge and belief,
they are true, correct, and complete.”
2Robert L. Schroll signed the 1998 return as return pre-
parer.
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