Clarissa Ybarra - Page 5




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               During 2004, there were two additional retirement                      
          distributions to Mr. Olivas that were not shown on either the               
          original or the amended return:  $654 from the Social Security              
          Administration, from which no Federal tax was withheld, and                 
          $1,940 from the Arizona State Retirement System, from which $388            
          of Federal tax was withheld.  Petitioner did not know that these            
          distributions had been made.3  Hereinafter, these distributions             
          will be referred to as the additional distributions.                        
               Inclusion of the additional distributions in income caused             
          an increase in the couple’s 2004 adjusted gross income, a                   
          reduction in their allowable itemized deductions, a consequent              
          increase in their income tax, and a 10-percent additional tax on            
          early distributions from qualified retirement plans.  The                   
          increased income tax was offset by a corresponding increase in              
          the child tax credit.  The 10-percent additional tax on early               
          distributions from qualified retirement plans was offset by the             
          amount withheld by the Arizona State Retirement System.  However,           
          the inclusion of the additional retirement distributions in                 
          income caused a reduction in the amount of allowable earned                 
          income credit, and the increase in the child tax credit used to             
          offset the income tax reduced the amount of allowable additional            




               3Petitioner and Mr. Olivas did not have a joint bank                   
          account.                                                                    





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