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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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