86-0231 - Individual Income

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

                                                                                    :

            Petitioner,                                                         )

                                                                                    :

                                                                                    )           INFORMAL DECISION

                                                                                    :

                                                                                    )

AUDIT DIVISION OF THE                                       :           Appeal No. 86 0231

STATE TAX COMMISSION OF UTAH,                  )           Account No. XXXXX

                                                                                    :

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

            This is an appeal to the Utah State Tax Commission from a decision of the Audit Division of the Utah State Tax Commission (Respondent) to adjust Petitioner's income tax return for the tax year XXXXX.  An Informal Hearing was held on October 31, 1986, in the offices of the Utah State Tax Commission.  David J. Angerhofer, Hearing Officer, heard the matter for the Commission. XXXXX represented himself.

            Petitioner deducted $$$$$ in retirement income (line 10 of Form TC-40) from adjusted gross income for the tax year XXXXX.  Petitioner had received a gross annuity amount of $$$$$ from the Federal Civil Service Retirement System.  Although the annuity was paid to "XXXXX," Petitioner divided the income between himself and his spouse on Schedule B (List of Retirement Income).  Petitioner deducted $$$$$ for himself and $$$$$ for his spouse for a total deduction of $$$$$.

            Respondent disallowed $$$$$ which resulted in a balance due of $$$$$.

FINDINGS

            Petitioner incorrectly divided the retirement income between himself and his spouse.  A note in bold face type on the front of Schedule B states that "income from joint ownership must be divided equally between you and your spouse.  However, the pension of one spouse may not be divided between both spouses."  (Emphasis in original).

            The Specific Line by Line Instructions for Form TC-40 also state that the pension of one spouse may not be divided between both spouses.  The instruction for line 10, retirement income, states in bold face type that "pensions and annuities of one spouse which qualify as retirement income may not be divided between both spouses."

            In this situation, the pension was paid solely to XXXXX, and not to XXXXX and XXXXX.  Therefore, the pension may not be divided.  The total deduction is not to exceed $$$$$ pursuant to line 5, Schedule B.  The maximum amount which Petitioner may deduct is $$$$$ and not $$$$$.

DECISION AND ORDER

            It is the Decision and Order of the Utah State Tax Commission that Petitioner's Petition for Redetermination of the income tax adjustment for the tax year XXXXX be denied.

            The adjustment by the Audit Division of the Utah State Tax Commission is hereby affirmed.

            DATED this 1 day of December, 1986.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            G. Blaine Davis

Commissioner   Commissioner