KELLEY v. COMMISSIONER

Docket No. 4593-63.

24 T.C.M. 1432 (1965)

T.C. Memo. 1965-262

Roy T. Kelley and Evelyn S. Kelley v. Commissioner.

United States Tax Court.

Filed October 1, 1965.


Attorney(s) appearing for the Case

Miles L. Hulse, 44 Maple St., Needham, Mass., for the petitioners. Raoul E. Paradis, for the respondent.


Memorandum Findings of Fact and Opinion

TURNER, Judge:

The respondent determined a deficiency in income tax against petitioners for the taxable year 1959 in the amount of $102.54.

The only issue is whether the monthly payments of $166 received by Roy T. Kelley under the Civil Service Retirement Act, as amended, and aggregating $1,992 for the year 1959, are amounts received by him as an annuity includable in gross income under section 72 of the Internal...

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