ROUNDY v. C.I.R.

No. 95-70780.

122 F.3d 835 (1997)

Elno D. ROUNDY; Sandra H. Roundy, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred June 13, 1997.

Resubmitted August 18, 1997.

Decided August 26, 1997.


Attorney(s) appearing for the Case

Elno Roundy, pro per, Kingman, AZ, petitioner-appellant.

Gary R. Allen and Charles Bricken, Tax Division, United States Department of Justice, Washington, DC, for respondent-appellee.

Before: GOODWIN, D.W. NELSON, and TROTT, Circuit Judges.


GOODWIN, Circuit Judge:

Elno D. Roundy and Sandra H. Roundy, husband and wife, appeal pro se a Tax Court decision upholding the Commissioner of Internal Revenue's determination of deficiencies in their federal income tax for the tax year 1989. The Tax Court held that a lumpsum payment from the Civil Service Retirement System was an accelerated distribution of an annuity under I.R.C. § 72 and subject to tax. The Tax Court also imposed a ten-percent penalty under...

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