Guilzon v. Commissioner
United States Tax Court
Petitioner husband exercised his option to receive a lump-sum payment and an annuity from the U.S. Civil Service Retirement System fund. Held, the lump-sum payment is received from a plan "described in section 401(a), I.R.C." within the meaning of section 402(a), I.R.C. and under an annuity contract; it is, therefore, subject to tax under section 72(e), I.R.C.
1Opinion of the Court
OPINION
TANNENWALD, Judge:
Respondent determined a deficiency in petitioners’ Federal income tax of $8,258 for taxable year 1987.
The principal issue is whether a lump-sum payment received by petitioner, Edward J. Guilzon, from the Civil Service Retirement System (CSRS) fund pursuant to 5 U.S.C. sec. 8343(a) (1987) is taxable under section 72(e).1 The subsidiary issue is whether, if the lump-sum payment is taxable, the portion of that payment representing a “deemed deposit” is includable in petitioners’ taxable income for 1987.
This case was submitted fully stipulated pursuant to Rule 122(a). All…
2Cases cited4 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Shimota v. United StatesUnited States Court of Claims · 1990
- Dunn Trust v. CommissionerUnited States Tax Court · 1986
3Cited by16 opinions
- Fowler v. CommissionerUnited States Tax Court · 1992
- George v. United StatesUnited States Court of Federal Claims · 1994
- Roundy v. CommissionerUnited States Tax Court · 1995
- Bohner v. CommissionerUnited States Tax Court · 2014
- Malbon v. United StatesDistrict Court, W.D. Washington · 1994
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