Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative, (2005)
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Thomas G. Wright and Estate of Rosemary K. Wright, Deceased, Thomas G. Wright, Personal Representative, (2005)
T.C. Memo. 2005-5
UNITED STATES TAX COURT THOMAS G. WRIGHT AND ESTATE OF ROSEMARY K. WRIGHT, DECEASED, THOMAS G. WRIGHT, PERSONAL REPRESENTATIVE, Petitioners v.COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9988-03. Filed January 13, 2005.Ps excluded a portion of H's disability benefits from gross income for the 1999 and 2000 taxable years. R determined that Ps were required to include in gross income an additional portion of H's benefits.Held: Ps are not entitled under sec. 105, 104(a)(3), or 72, I.R.C., to exclude from gross income disability retirement benefits in an amount greater than permitted by R.Held, further, R is not precluded from making adjustments to Ps' gross income by reason of R's decision not to adjust prior years' income.James R. Cooper, for petitioners. Richard J. Hassebrock, for respondent.MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge: Respondent determined deficiencies in petitioners' Federal income taxes for their 1999 and 2000 taxable years in the amounts of $3,347 and $4,570, respectively. The issues for decision are: (1) Whether, pursuant to section 1051, 104(a)(3), or 72 petitioners may exclude from gross income a portion of payments received by Thomas G. Wright (Mr. Wright) from the State Teachers Retirement System of Ohio (STRS) in excess of the amount determined by respondent to be nontaxable; and (2) if not, whether respondent is nonetheless barred from making adjustments to petitioners' gross income with respect to Mr. Wright's STRS payments for the taxable years 1999 and 2000 since respondent ha...See the full content of this document
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