T.C. Summary Opinion 2006-90
UNITED STATES TAX COURT
JUANITA DOBY, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 17756-03S. Filed May 25, 2006.
Juanita Doby, pro se.
Noelle C. White, for respondent.
GOLDBERG, Special Trial Judge: This case was heard pursuant
to the provisions of section 7463 of the Internal Revenue Code in
effect at the time the petition was filed. The decision to be
entered is not reviewable by any other court, and this opinion
should not be cited as authority. Unless otherwise indicated,
subsequent section references are to the Internal Revenue Code in
effect for the year in issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure.
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Respondent determined a deficiency in petitioner’s Federal
income tax of $2,739 for the taxable year 2000.
After concessions,1 the issues for decision are: (1)
Whether petitioner is liable for tax on payments in the amount of
$3,146.04 received from The Equitable Benefits Payment Services
pursuant to her deceased husband’s PEPCO pension plan; and (2)
whether petitioner is liable for tax on individual retirement
account (IRA) distributions received during taxable year 2000
totaling $11,400. The amount of petitioner’s Social Security
benefits received during 2000 that must be included in her gross
income is a computational matter and will be resolved by the
parties after taking into account the concessions and our
decision on the other issues in this case.
Background
Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. Petitioner resided in
1
At trial and in the stipulation of facts, petitioner
conceded: (1) She received $12 of interest income from
Educational Systems Federal Credit Union during the 2000 tax
year; (2) she received $10 interest income from Household Bank
during the 2000 tax year; and (3) she was liable for tax on
discharge of indebtedness income in the amount of $1,137, which
was the result of Worldwide Financial Services’ canceling a debt
owed by petitioner during taxable year 2000. Also at trial,
respondent conceded that petitioner was entitled to claim a child
care credit and a child tax credit.
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Lanham, Maryland, on the date the petition was filed in this
case.
In taxable year 2000, petitioner received $3,146 in survivor
annuity payments from the “General Retirement Plan for Employees
of Potomac Electric Power Company”. The financial institution
distributing the annuity payments, The Equitable Benefits Payment
Services, issued a Form 1099-R, Distributions From Pensions,
Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance
Contracts, Etc., to petitioner with respect to the annuity
payments. The Form 1099-R reported $3,146 in fully taxable
benefits paid to petitioner during the 2000 tax year. In
addition, the Form 1099-R reported no employee contributions.
Petitioner’s spouse did not make any contributions to the plan.
Furthermore, the “General Retirement Plan for Employees of
Potomac Electric Power Company” states that employee
contributions to the plan are not allowed.
Also during taxable year 2000, petitioner received IRA
distributions from Educational Systems Employees Credit Union
totaling $11,400. Educational Systems Employees Credit Union
issued to petitioner a Form 1099-R with respect to the IRA
distributions. The Form 1099-R reported $11,400 in fully taxable
distributions dispensed to petitioner during the 2000 tax year.
Petitioner filed a Form 1040, U.S. Individual Income Tax
Return, for the 2000 taxable year. In the 2000 return,
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petitioner filed as a “qualifying widow with dependent child”.
Petitioner’s spouse died in 1999. On her 2000 Form 1040,
petitioner did not report the $3,146.04 payments received from
The Equitable Benefits Payment Services pursuant to her deceased
husband’s PEPCO pension plan, nor did she report the IRA
distributions received from Educational Systems Employees Credit
Union totaling $11,400.
Discussion
In general, the Commissioner’s determination set forth in a
notice of deficiency is presumed correct. Welch v. Helvering,
290 U.S. 111, 115 (1933). In pertinent part, Rule 142(a)(1)
provides the general rule that “The burden of proof shall be upon
the petitioner”. In certain circumstances, however, if the
taxpayer introduces credible evidence with respect to any factual
issue relevant to ascertaining the proper tax liability, section
7491 places the burden of proof on the Commissioner. Sec.
7491(a)(1); Rule 142(a)(2). Credible evidence is “‘the quality
of evidence which, after critical analysis, * * * [a] court would
find sufficient * * * to base a decision on the issue if no
contrary evidence were submitted’”.2 Baker v. Commissioner, 122
T.C. 143, 168 (2004) (quoting Higbee v. Commissioner, 116 T.C.
2
We interpret the quoted language as requiring the
taxpayer’s evidence pertaining to any factual issue to be
evidence the Court would find sufficient upon which to base a
decision on the issue in favor of the taxpayer. See Bernardo v.
Commissioner, T.C. Memo. 2004-199.
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438, 442 (2001)). Section 7491(a)(1) applies only if the
taxpayer complies with substantiation requirements, maintains all
required records, and cooperates with reasonable requests by the
Commissioner for witnesses, information, documents, meetings, and
interviews. Sec. 7491(a)(2). Although neither party alleges the
applicability of section 7491(a), we conclude that the burden of
proof has not shifted to respondent with respect to any of the
issues in the present case.
1. Pension Plan Payments
Section 61(a) specifies that, “Except as otherwise
provided”, gross income includes “all income from whatever source
derived”. The construction of section 61 is broad, and any
“‘exclusions to income must be narrowly construed.’”
Commissioner v. Schleier, 515 U.S. 323, 328 (1995)(quoting United
States v. Burke, 504 U.S. 229, 248 (1992)(Souter, J., concurring
in judgment)). Taxpayers seeking an exclusion from gross income
must demonstrate that they are eligible for the exclusion and
bring themselves “within the clear scope of the exclusion”.
Dobra v. Commissioner, 111 T.C. 339, 349 n.16 (1998).
Section 61(a)(9) and (11) provides that annuities and
pensions are among the forms of income within the purview of
section 61(a). Section 72 pertaining to annuities and pensions
(section 61(a)(9) and (11)) sets forth specific rules applicable
to taxation of, inter alia, annuities and distributions from
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qualified employer retirement plans. See also sec. 402(a).
Section 72(a) reiterates the general rule of inclusion in gross
income, unless otherwise provided. Section 72(b),3 however,
provides that portions of annuity payments may be excludable from
income. The excludable portion of a payment generally is that
portion which bears the same ratio to such payment as the
“investment in the contract” bears to the expected return under
the contract, determined at the time the annuity payments begin.
Sec. 72(b)(1). While the term “investment in the contract” is
defined generally as “the aggregate amount of premiums or other
consideration paid for the contract”, sec. 72(c)(1)(A),
contributions made by an employer on behalf of an employee-
taxpayer which were not includable in the taxpayer’s gross income
generally are not part of the taxpayer’s investment in the
contract, sec. 72(f).
In 2000, petitioner received $3,146 in survivor annuity
payments from the “General Retirement Plan for Employees of
3
SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE
INSURANCE CONTRACTS.
* * * * * * *
(b) Exclusion Ratio.--
(1) In general.--Gross income does not include
that part of any amount received as an annuity under an
annuity, endowment, or life insurance contract which
bears the same ratio to such amount as the investment
in the contract (as of the annuity starting date) bears
to the expected return under the contract (as of such
date).
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Potomac Electric Power Company”. The Form 1099-R issued to
petitioner by Equitable Benefits Payment Services with respect to
the annuity payments shows that the $3,146 benefits paid to
petitioner are fully taxable, and there were no employee
contributions. Furthermore, the “General Retirement Plan for
Employees of Potomac Electric Power Company” provides that
employee contributions to the plan are not allowed, and
petitioner testified that her spouse did not make any
contributions to the plan.
Petitioner did not report the annuity payments as income on
her 2000 Federal income tax return. Instead, petitioner argues
that the annuity payments are under the purview of section 101(b)
and therefore are not taxable.
Prior to repeal, section 101(b) read as follows:
(b) EMPLOYEES’ DEATH BENEFITS.--
(1)General Rule.--Gross income does not include amounts
received (whether in a single sum or otherwise) by the
beneficiaries or the estate of an employee, if such amounts
are paid by or on behalf of an employer and are paid by
reason of the death of the employee. * * *
However, this subsection does not apply to the case at hand
because it was repealed by the Small Business Job Protection Act
of 1996, Pub. L. 104-188, sec. 1402(a), 110 Stat. 1789. The
death benefit exclusion applies only to beneficiaries of
decedents that died prior to August 21, 1996. See Small Business
Job Protection Act of 1996, Pub. L. 104-188, sec. 1403(b), 110
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Stat. 1791. Petitioner’s spouse died in 1999. Therefore, the
present annuity payments are not subject to the death benefit
exclusion provided by section 101(b).
Furthermore, petitioner has not provided any evidence that
she or her spouse had an “investment in the contract”. Also,
petitioner has not demonstrated that the annuity payments she
received are within any exclusion. Therefore, the present
annuity payments are taxable, and respondent’s determination on
this issue is sustained.
2. IRA Distributions
As previously stated, gross income includes all income from
whatever source derived. Sec. 61(a). Section 61(b) specifically
includes items included under section 72 (relating to annuities
and IRAs).
As a general rule, amounts paid or distributed out of
individual retirement plans, including IRAs, are included in
gross income when received by the payee or distributee under
provisions of section 72. Sec. 408(d)(1). The regulations
provide in relevant part as follows:
Except as otherwise provided in this section, any amount
actually paid or distributed or deemed paid or distributed
from an individual retirement account or individual
retirement annuity shall be included in the gross income of
the payee or distributee for the taxable year in which the
payment or distribution is received.
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Sec. 1.408-4(a)(1), Income Tax Regs.
In 2000, petitioner received IRA distributions from
Educational Systems Employees Credit Union totaling $11,400. The
Form 1099-R issued to petitioner by Educational Systems Employees
Credit Union with respect to the IRA distributions shows that the
distributions totaling $11,400 are fully taxable. Petitioner
does not dispute that she received the IRA distributions.
Petitioner did not report the IRA distributions as income on
her 2000 Federal income tax return. Instead, petitioner claims
that the distributions received during 2000 are from amounts
rolled over during taxable year 1999 from her deceased spouse’s
sec. 401(k) plan into her IRA with Educational Systems Employees
Credit Union. Further, petitioner claims that these amounts can
be traced to after-tax contributions. Therefore, petitioner
argues, a portion of the amount distributed from her IRA in 2000
may be exempt from tax pursuant to section 643(a) of the Economic
Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16,
115 Stat. 38.4
4
The Economic Growth and Tax Relief Reconciliation Act of
2001 Pub. L. 107-16, sec. 643(a), 115 Stat. 122, provides:
(a) Rollovers From Exempt Trusts.--Paragraph (2) of
section 402(c) (relating to maximum amount which may be
rolled over) is amended by adding at the end the following:
“The preceding sentence shall not apply to such distribution
to the extent--
(continued...)
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Petitioner has not provided any documentary evidence to
substantiate her claim as to the origins of the IRA
distributions. During petitioner’s testimony she was unable to
identify or recall any specific transfers from her deceased
spouse’s section 401(k) plan into her IRA. Further, the
statutory provisions permitting the rollover of after-tax
contributions from a section 401(k) plan to an IRA was not
allowed until the Economic Growth and Tax Relief Reconciliation
Act of 2001, Pub. L. 107-16, 115 Stat. 123, was made effective on
January 1, 2002. The rollover in this case would have occurred
during 1999. Therefore, under the law in effect at that time,
petitioner could not have rolled over after-tax contributions
from a section 401(k) plan into her IRA. Thus, the total amount
of the IRA distributions, $11,400, made during taxable year 2000
by Educational Systems Employees Credit Union to petitioner is
required to be reported in petitioner’s 2000 gross income.
Respondent’s determination on this issue is sustained.
4
(...continued)
“(A) such portion is transferred in a direct
trustee-to-trustee transfer to a qualified trust which
is part of a plan which is a defined contribution plan
and which agrees to separately account for amounts so
transferred, including separately accounting for the
portion of such distribution which is includible in
gross income and the portion of such distribution which
is not so includible, or
“(B) such portion is transferred to an eligible
retirement plan described in clause (i) or (ii) of
paragraph (8)(B).”.
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Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
under Rule 155.