From: gene ferguson
Date: 08/27/12 14:13:02
To: Dick Deeds
Cc: Mark Sztanyo
Subject: Succes
finally with the I.R.S.
This information might be helpfull for those retired pilots
amending and appealing their 2007 and 2011 taxes.
After writing to the "appeals office" handling my
taxes and pointing out specifically the "new law" signed by
President Obama on Feb. 14, 2012. The IRS has approved my
claim and said I would get the check plus interest
within 3 weeks.
I will provide "my letter" (See below) to the
"appeals office" to anyone who thinks it might help them.
Gene Ferguson
From: gene ferguson
Date: 08/28/12 13:45:01
To: Dick Deeds
Cc: Mark Sztanyo
Subject: Letter
to "appeals office" (2007 taxes)
Below is the "letter" I sent to the Appeals
Office.
Of further info: I have recieved my "check"
already and when I contacted "TD Ameritrade" to prepare for a
transfer from "Roth" to "IRA" and
deposit to "IRA", they were very familiar with the "new
law" and told me
I had six months after recieving the "check" to
complete the transaction!!
Gene Ferguson
AMENDED TAX RETURN FORM 1040X for 2007
John Doe xxx-xx-xxxx
Mary Doe xxx-xx-xxxx
ADDRESS
LINES
To: Internal Revenue Service
Appeals Office
July 23, 2012
Section 1106 on pages 152, 153 and 154 of the “FAA
Modernization and Reform Act of 2012” was passed by Congress and signed into
Law on Feb. 14, 2012 by President Obama.
This “New Law” was long pursued in Congress by The Airline
Pilots Assoc. (ALPA) on behalf of thousands of retired pilots in regards to the
way their loss of “Medical Insurance settlement” was treated as “Wages” by
Delta Airlines in their “bankruptcy”.
This “New Law” super cedes all previous IRS laws and
regulations and IRC’s such as IRC 104(a)(3)(A)&(B) and IRC 61(1) and also
Code Section 3121(v)(2).
This “New Law” was directly and specifically dealing with
“Air Line Bankruptcy” and is entirely clear that the loss of “Medical Insurance
settlement” should not now be treated as “Wages”. ( This “settlement” is what I
am appealing) This “settlement” is a “nontaxable event” at this time and “will
be taxed” when it is withdrawn from my IRA Account. I am entitled to place this
“settlement” into an IRA.
To date I have complied in a timely compliance with this
“New Law”.
The IRS should have known of this “New Law” way back in Feb.
2012 and should have been ready to act in timely compliance.
I, myself notified the IRS by certified mail on May 21, 2012
of this “New Law”.
John Doe Mary Doe
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