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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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