Stephen Daryl Royal - Page 6

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          $7,178 was taxable, unemployment compensation of $4,403, total              
          income of $24,284.22, and adjusted gross income of $24,284.22.              
          Attached to petitioner’s 2002 return were, inter alia:  (1) Form            
          CSA 1099R, Statement of Annuity Paid, for 2002 issued to peti-              
          tioner by OPM Retirement Programs that showed a gross annuity               
          amount of $7,178, tax withheld of $630, original contributions of           
          $4,110, and taxable annuity “UNKNOWN” and (2) Form 1099-R,                  
          Distributions From Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc., for 2002 issued             
          to petitioner by the Federal Thrift Savings Plan (TSP Form 1099-            
          R) that showed a gross distribution of $25,940.49, a taxable                
          amount of $25,940.49, and employee contributions or insurance               
          premiums of $0.                                                             
               Respondent issued a notice of deficiency (notice) to peti-             
          tioner for his taxable year 2002.  In the notice, respondent                
          determined for that year that petitioner must include in his                
          gross income $25,940.49, the total amount of petitioner’s loans,            
          that he is not entitled to the earned income tax credit, and that           
          he is liable for the accuracy-related penalty under section                 
          6662(a).                                                                    
                                     Discussion                                       
               Although respondent must have commenced respondent’s exami-            
          nation of petitioner’s 2002 return after July 22, 1998, the                 
          parties do not address section 7491(a).  On the record before us,           






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