Scott A. Lewis - Page 7

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          Co., 348 U.S. 426, 429 (1955) (quoting Helvering v. Clifford, 309           
          U.S. 331, 334 (1940)).  Section 61 specifically lists pension               
          income as includable in a taxpayer’s gross income.  Sec.                    
          61(a)(11).  Proceeds from stock sales are likewise includable in            
          a taxpayer’s gross income.  Thus, the distribution of $42,154               
          that petitioner received from the Colorado Public Employees                 
          Retirement Association and the $24 in stock proceeds received by            
          petitioner from United Shareholders Services, Inc. are included             
          in petitioner’s gross income for 2003.  While petitioner alleges            
          in his petition that he is entitled to reduce this income to its            
          “net” amount, the record contains no evidence that supports this            
          allegation.                                                                 
          2.   10-Percent Additional Tax on Early Distributions From IRAs             
               Section 72(t) generally provides that a taxpayer is liable             
          for a 10-percent additional tax on early distributions from a               
          qualified retirement plan.  See sec. 4974(c)(4).  In 2003,                  
          petitioner received taxable distributions of $42,154 from his               
          IRA.  Petitioner has not alleged or shown that he qualifies for             
          any exception to the 10-percent additional tax and is thus liable           
          for the additional tax on this amount.                                      
          3.   Addition to Tax Under Section 6651(a)(1)                               
               Section 6651(a)(1) imposes an addition to tax for failure to           
          file a return when due “unless it is shown that such failure is             
          due to reasonable cause and not due to willful neglect”.  The               






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