Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 4

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          his employer.2  This exclusion rate, thus determined, was much              
          greater than the exclusion rate determined by STRS.                         
               In 1999, Mr. Wright received $33,123.90 in distributions               
          from STRS.  A Form 1099-R issued to Mr. Wright for 1999 indicated           
          a taxable distribution in the amount of $32,128.50 and employee             
          contributions or insurance premiums in the amount of $995.40.               
          In 2000, Mr. Wright received $45,506.66 in distributions from               
          STRS. The Form 1099-R issued to Mr. Wright for 2000 indicated a             
          taxable distribution in the amount of $44,511.26 and employee               
          contributions or insurance premiums in the amount of $995.40.               
          The $995.40 amounts listed on the Forms 1099-R represent a tax-             
          free recovery of previously taxed employee contributions to the             
          plan.  STRS used the exclusionary ratios under section 72(b) in             
          calculating the amount of disability retirement benefits paid to            
          Mr. Wright attributable to his contributions to STRS.                       
               Petitioners timely filed a joint Form 1040, U.S. Individual            
          Income Tax Return, for each of the years 1999 and 2000.  On these           
          returns, they reported as taxable $19,278 and $26,707 of the                
          distributions received by Mr. Wright from STRS in 1999 and 2000,            

               2 Mr. Wright’s testimony on this point is contradictory.  He           
          initially indicated that he contributed 12 percent and that the             
          six various school boards for which he worked contributed 8                 
          percent in the latter years of his employment.  But later in his            
          testimony, he indicated that he contributed 8 percent and the               
          school boards contributed 12 percent.  It appears that the latter           
          testimony is his position based on Mr. Wright’s reaffirmation of            
          these percentage allocations during trial.                                  





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