Larry J. and Catherine E. France - Page 19

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               C.   Conclusion                                                        
               Based on the foregoing, petitioners are not entitled to                
          exclude from gross income the ordinary disability retirement                
          benefits they received from the ERS in taxable year 2000 in                 
          excess of the amount determined by respondent.  Accordingly, we             
          hold that the ordinary disability retirement benefits received by           
          petitioners in taxable year 2000, in the amount determined by               
          respondent, constitute gross income.                                        
          Issue 2.  Catherine E. France’s Wages for Taxable Year 2000                 
               Petitioner Catherine E. France received a Form W-2, Wage and           
          Tax Statement, from Jos. A. Bank Clothiers, Inc., for taxable               
          year 2000 reflecting wages of $4,525.80.  Box 3 of the Form W-2             
          reflected Social Security wages of $5,262.69.  Petitioners                  
          reported the latter amount, $5,262.69, on their 2000 Form 1040.             
          Respondent acknowledges that petitioners overstated the amount of           
          taxable wages received by Catherine E. France from Jos. A. Bank             
          Clothiers, Inc., and the parties stipulate that the correct                 
          amount for taxable year 2000 is $4,525.  Based on this, we hold             
          that petitioners’ taxable year 2000 wage income is to be reduced            
          in the amount of $737.                                                      
          Issue 3.  Taxable Year 1997                                                 
               Respondent issued a notice of deficiency for taxable year              
          2000 to petitioners on November 25, 2002.  Petitioners submitted            
          a document to the Court on February 24, 2003, which the Court               






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