- 8 - ordinary disability retirement benefits, and will so order. [In the Matter of Larry France, Case No. CBA-96-176 (Sept. 10, 1997); emphasis added.] Consistent with these findings, the Board of Appeals denied petitioner’s application for “accidental disability retirement,” but reversed the decision of the ERS board of trustees and granted petitioner “ordinary disability benefit[s].” For taxable year 2000, petitioners received annuity and pension income8 from the ERS totaling $15,274, of which the ERS reported $15,019 as taxable income.9 Petitioners did not report this income on their timely filed 2000 Form 1040, U.S. Individual Income Tax Return. Respondent determined that $15,019 of the annuity and pension income from the ERS should have been included in petitioners’ 2000 gross income. 8 Pursuant to Baltimore County Code sec. 23-54 (1988), petitioner’s ordinary disability retirement allowance consists of both an annuity and a pension. The annuity is the actuarial equivalent of petitioner’s accumulated contributions to the ERS at the time of retirement, and the pension is based on a formula involving petitioner’s “average final compensation”. 9 The $255 difference between the amount petitioners received from the ERS and the amount reported as taxable represents a return of petitioner’s after-tax contributions to the ERS.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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