BERMAN v. COMMISSIONER

Docket No. 13592-88.

58 T.C.M. 916 (1989)

T.C. Memo. 1989-654

Michael J. Berman v. Commissioner.

United States Tax Court.

Filed December 12, 1989.


Attorney(s) appearing for the Case

Stephen M. Feldman, 2777 Franklin Rd., Southfield, Mich., and Phillip L. Sternberg, for the petitioner. Mark I. Siegel, for the respondent.


Memorandum Opinion

COHEN, Judge:

Respondent determined a deficiency of $224,645.43 in petitioner's Federal income tax for 1983. The sole issue for decision is whether all, or any part, of distributions by a pension plan and a defined benefit plan represent deferred compensation taxable under section 402(a), or whether the payments constitute distributions from an employer accident and health plan excludable under section 105(c). Unless otherwise indicated...

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