Theodus J. Jordan - Page 2

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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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