Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 2

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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               WHERRY, Judge:  Respondent determined deficiencies in                  
          petitioners’ Federal income taxes for their 1999 and 2000 taxable           
          years in the amounts of $3,347 and $4,570, respectively.  The               
          issues for decision are:                                                    
               (1) Whether, pursuant to section 1051, 104(a)(3), or 72                
          petitioners may exclude from gross income a portion of payments             
          received by Thomas G. Wright (Mr. Wright) from the State Teachers           
          Retirement System of Ohio (STRS) in excess of the amount                    
          determined by respondent to be nontaxable; and                              
               (2) if not, whether respondent is nonetheless barred from              
          making adjustments to petitioners’ gross income with respect to             
          Mr. Wright’s STRS payments for the taxable years 1999 and 2000              
          since respondent had previously declined to make similar                    
          adjustments in prior tax years.                                             
                                  FINDINGS OF FACT                                    
          I. Background                                                               
               Some of the facts have been stipulated and are so found.               
          The stipulations of the parties, with accompanying exhibits, are            
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioners resided in Granville, Ohio.                          


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




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