Legal Opinion

Guilzon v. Commissioner

United States Tax Court

Decided August 6, 1991No. Docket No. 23402-90PublishedCited by 16 opinions

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

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Badaracco v. CommissionerSupreme Court of the United States · 1984
  3. Shimota v. United StatesUnited States Court of Claims · 1990
  4. Dunn Trust v. CommissionerUnited States Tax Court · 1986

3Cited by16 opinions

  1. Fowler v. CommissionerUnited States Tax Court · 1992
  2. George v. United StatesUnited States Court of Federal Claims · 1994
  3. Roundy v. CommissionerUnited States Tax Court · 1995
  4. Bohner v. CommissionerUnited States Tax Court · 2014
  5. Malbon v. United StatesDistrict Court, W.D. Washington · 1994

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