Russell Clifford Mullen and Joan Marie Mullen - Page 4

                                         -3-                                          
          received a Form RRB-1099-R, Annuities or Pensions by the Railroad           
          Retirement Board.  Listed on the Form RRB-1099-R are the                    
          following amounts:                                                          
               Employee contributions             $11,415.58                          
               Contributory amount paid           14,970.84                           
               Total gross paid                   14,970.84                           
               Federal income tax withheld        -0-                                 
          Petitioners did not include any of the annuity payments as income           
          on their 2001 Federal income tax return.                                    
               Due to an adjustment made to petitioners’ 1999 Federal                 
          income tax liability petitioners received a refund of $2,722 from           
          the Internal Revenue Service in 2001 that included an interest              
          payment to petitioners of $241.  Petitioners also received $4 in            
          interest income from Provident Bank.  The Internal Revenue                  
          Service and Provident Bank each reported these respective                   
          payments on a Form 1099-INT, Interest.  Petitioners did not                 
          include either interest payment as income on their 2001 Federal             
          income tax return.                                                          
               Upon examination, respondent included the entire disability            
          annuity payments of $14,970.84 and the $245 of interest in                  
          petitioners’ income for 2001.                                               
                                     Discussion                                       
          1.   Railroad Retirement Disability Annuity Payments                        
               Petitioners contend that the disability annuity payments are           
          not includable in gross income because they are attributable to a           







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