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respondent orally moved to impose a $5,000 penalty pursuant to
section 6673. After concessions, the issues for decision are:
(1) Whether the pension distributions petitioner received during
2001 from the Defense Finance and Accounting Service and from the
Thompson-Ramo-Wooldridge (TRW) pension plan are includable in
income for 2001; and (2) whether the Court should impose a
penalty pursuant to section 6673.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulation of facts, stipulation of settled issues, and the
attached exhibits are incorporated herein by this reference. At
the time he filed the petition, petitioner resided in Apple
Valley, California.
Petitioner had been a reserve officer in the U.S. Air Force.
During 2001, petitioner received $44,183 in retirement pension
distributions from the Defense Finance and Accounting Service on
account of his prior service as a reserve officer in the U.S. Air
Force. Petitioner was not injured while serving in the U.S. Air
Force, and the retirement pension distributions were paid for
petitioner’s prior service in the U.S. Air Force and not on
account of a disability.
Petitioner had been an engineer for TRW. During 2001,
petitioner received $3,040 in retirement pension distributions
from the TRW pension plan.
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