- 2 - 2002. The issues remaining for decision are:2 (1) Is petitioner required to include $25,940.49 in his gross income for his taxable year 2002? We hold that he is. (2) Is petitioner entitled for his taxable year 2002 to the earned income tax credit? We hold that he is not. Background Virtually all of the facts have been stipulated by the parties and are so found. At the time petitioner filed the petition in this case, his legal residence was in Baltimore City, Maryland. During 2002, petitioner was an employee of the U.S. Postal Service (Postal Service) until he retired in that year because of disability. The U.S. Office of Personnel Management (OPM) approved petitioner’s retirement from the Postal Service because of disability. In a letter dated July 29, 2002, OPM advised peti- tioner as follows: Your application for disability retirement has been approved. According to information we have received from your agency, you have not been separated from Government service. Therefore, we are notifying your agency of the approval and asking them to separate you. We are asking them to give us your last day of pay. Payment of annuity cannot start until after your last day of pay. If you have sick leave remaining, the last day of pay will be the day your sick leave is exhausted. We 2At trial, petitioner conceded the accuracy-related penalty under sec. 6662(a) that respondent determined.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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