- 7 - Potomac Electric Power Company”. The Form 1099-R issued to petitioner by Equitable Benefits Payment Services with respect to the annuity payments shows that the $3,146 benefits paid to petitioner are fully taxable, and there were no employee contributions. Furthermore, the “General Retirement Plan for Employees of Potomac Electric Power Company” provides that employee contributions to the plan are not allowed, and petitioner testified that her spouse did not make any contributions to the plan. Petitioner did not report the annuity payments as income on her 2000 Federal income tax return. Instead, petitioner argues that the annuity payments are under the purview of section 101(b) and therefore are not taxable. Prior to repeal, section 101(b) read as follows: (b) EMPLOYEES’ DEATH BENEFITS.-- (1)General Rule.--Gross income does not include amounts received (whether in a single sum or otherwise) by the beneficiaries or the estate of an employee, if such amounts are paid by or on behalf of an employer and are paid by reason of the death of the employee. * * * However, this subsection does not apply to the case at hand because it was repealed by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1402(a), 110 Stat. 1789. The death benefit exclusion applies only to beneficiaries of decedents that died prior to August 21, 1996. See Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1403(b), 110Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011