Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative - Page 5

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          respectively. On April 1, 2003, respondent issued to petitioners            
          the notice of deficiency underlying the instant proceeding,                 
          determining that petitioners were required to include in income             
          STRS distribution amounts in excess of those reported by                    
          petitioners.  The statutory notice indicated that only $995.40              
          was nontaxable for each of the years in issue.                              
               Prior to issuing the notice of deficiency for 1999 and 2000,           
          respondent had contacted petitioners on four occasions                      
          questioning whether petitioners were properly excluding the                 
          correct portion of Mr. Wright’s disability retirement payments              
          from their gross income for the taxable years 1989, 1994, 1997,             
          and 1998.  In each of those instances, respondent chose not to              
          adjust petitioners’ taxable income.                                         
          II. The State Teachers (Disability) Retirement System of Ohio               
               In order to be eligible for disability retirement under                
          STRS, a member must be:  (1) Under the age of 60 and no longer              
          teaching; (2) have 5 or more years of Ohio service credit; (3) be           
          disabled, physically or mentally, for teaching service; (4) if              
          mentally and physically able to do so, file an application with             
          STRS within 2 years from the date contributing service is                   
          terminated, unless the disability is manifested in some degree              
          (as evidenced by medical records) before the contributing service           
          is terminated; and (5) may not be receiving service retirement              
          benefits.  The evidence indicates that Mr. Wright satisfied these           






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