- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011