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letter, and there is no indication that the levy was improper.
In any case, the Court lacks subject-matter jurisdiction to
review the levy of petitioner’s wages in 1994 because the
collection action began prior to January 19, 1999, which was the
effective date of sections 6320 and 6330. See Meehan v.
Commissioner, 122 T.C. 396, 399 (2004) (“if a collection action
is initiated before January 19, 1999, section 6330 is
inapplicable and this Court has no jurisdiction to review the
propriety of the collection action”); Bullock v. Commissioner,
T.C. Memo. 2003-5.
In sum, there is no indication that respondent incorrectly
determined petitioner’s tax liability for 1994 or that petitioner
made additional payments that are not reflected in the Form 4340.
Respondent’s determination on this issue is sustained.
1996, 1997, and 1998
Section 61(a) provides that, except as otherwise provided,
gross income includes all income from whatever source derived.
Section 402(a) provides that the amounts distributed under a plan
described in section 401(a), such as a qualified defined benefit
plan, shall be taxable to the distributee under section 72.
A defined benefit plan is any plan that is not a defined
contribution plan. Sec. 414(j). “The retirement benefit
provided by a defined benefit plan is fixed, typically by
reference to a formula based on salary and years of service.”
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Last modified: May 25, 2011