- 18 - 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 CourtPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011