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petitioner is subject to the section 72(t) 10-percent additional
tax on premature distributions from a section 403(b) annuity
contract; and (4) whether petitioner may claim credit against his
2002 tax liability for certain of petitioner’s tax payments that
the Treasury Department applied in 2002 to nontax Federal debt
that petitioner allegedly owed to the United States Department of
Education (DOE).1
FINDINGS OF FACT
The parties have stipulated some facts, which we incorporate
herein. When he filed his petition, petitioner resided in
Jamaica Plain, Massachusetts.
Petitioner has a son, Tyrone, who was born in 1971.
Petitioner divorced Tyrone’s mother in 1972. In 2002, Tyrone did
not live with petitioner.
Petitioner was formerly employed by the Boston public school
system. He participated in a tax-sheltered annuity plan under
section 403(b). On Form 1099-R, Distributions from Pensions,
Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts,
Etc., Travelers Life & Annuity (Travelers) reported making to
petitioner during 2002 gross annuity distributions of $6,481 and
taxable distributions of $6,468. Of the $6,481 gross
distributions, $5,381 represented the closure of petitioner’s
1 Unless otherwise indicated, section references are to the
applicable versions of the Internal Revenue Code. Rule
references are to the Tax Court Rules of Practice and Procedure.
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