Orlando J. and Christina E. Guerrero - Page 3

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          Instead petitioners used a portion of the withdrawn funds to                
          purchase a new home in Denver, Colorado, and invested the                   
          remainder in the stock market.                                              
               Petitioners received a Form 1099-R, Distributions From                 
          Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs,              
          Insurance Contracts, etc., for each of the withdrawals.  Both               
          Forms 1099-R listed the amount of the gross distribution in box 1           
          as the taxable amount in box 2a.  The “Total distribution” box in           
          2b was checked, and the “Taxable amount not determined” box was             
          left blank on both Forms 1099-R.                                            
               Petitioners filed a joint individual income tax return for             
          2000.  They reported total pension and annuity distributions of             
          $175,450, but they only reported $89,743 of that amount as                  
          taxable income.2  Petitioners also claimed an IRA deduction of              
          $34,233 and a refund of $11,586.  Petitioners testified that they           
          had attached a note to their 2000 return requesting that the                
          Internal Revenue Service (IRS) review their return, correct any             
          reporting errors, and recalculate their tax liability as                    
          necessary.3                                                                 




               2Although the parties stipulated that petitioners reported             
          $89,289 as the amount of taxable income, petitioners’ tax return            
          shows this amount to be $89,743.                                            
               3As of the date of trial, respondent had not located the               
          note, and petitioners did not retain a copy of it.                          





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