Heard v. Commissioner
United States Tax Court
Petitioner, a former employee of the United States, received a civil service retirement annuity, the aggregate amount of which receivable in the first 3 years was greater than the amount of retirement deductions withheld from his salary. Held, the amount received in excess of the retirement deductions is includable in gross income pursuant to sec. 72(d), I.R.C. 1954.
1Opinion of the Court
OPINION
Bruce, Judge:
Respondent determined a deficiency in income tax for the taxable year 1958 in the amount of $509.07.
The sole question for our determination is whether the sum of $2,224.99,1 received by petitioner Edward C. Heard during 1958 under the Civil Service Retirement Act, as amended, constitutes an annuity taxable to petitioners within the purview of section 72(d), I.R.C. 1954.
In the notice of deficiency, respondent decreased petitioners’ medical expense deduction because of the increase in the amount of adjusted gross income determined. The correctness of this adjustment is…
2Cases cited11 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Lynch v. United StatesSupreme Court of the United States · 1934
- Helvering v. WinmillSupreme Court of the United States · 1938
- United States v. StewartSupreme Court of the United States · 1940
- Dismuke v. United StatesSupreme Court of the United States · 1936
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Shimota v. United StatesUnited States Court of Claims · 1990
- Edward C. Heard and Cora L. Heard v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1964
- Sims v. CommissionerUnited States Tax Court · 1979
- Hagar v. CommissionerUnited States Tax Court · 1965
- Lilly v. CommissionerUnited States Tax Court · 1965
9 more not listed; retrieve them via the Exa API.