Sylvester H. Cain - Page 2

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          for decision is whether a penalty should be imposed on petitioner           
          under section 6673.                                                         
                                     Background                                       
               The parties have stipulated some facts, which we incorporate           
          herein.  When he filed his petition, petitioner resided in Saint            
          Marys, Kansas.                                                              
               Until his retirement in 2001, petitioner was employed by the           
          U.S. Department of Education.  The parties have stipulated that             
          during 2001 petitioner received the following payments:                     
          “pension/annuity payments” of $23,988 from the U.S. Office of               
          Personnel Management; “medical payments” from Monumental Life               
          Insurance Company of $2,009; and Social Security payments of                
          $2,148.                                                                     
               On his 2001 Form 1040, U.S. Individual Income Tax Return,              
          petitioner reported zero gross income and claimed a $2,278                  
          refund. Attached to his Form 1040 was a Statement of Annuity Paid           
          from the Office of Personnel Management, reporting $23,988 gross            
          annuity payments to petitioner in 2001 and zero Federal income              
          tax withheld.  Also attached to petitioner’s Form 1040 was Form             
          4852, Substitute for Form W-2, Wage and Tax Statement, or Form              
          1099-R, Distributions From Pensions, Annuities, Retirement or               
          Profit-Sharing Plans, IRAs, Insurance Contracts, Etc., on which             
          petitioner claimed $2,278 of Federal income tax withheld by the             
          Office of Personnel Management, for which petitioner claimed a              






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