Albert Lemishow - Page 6

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          ($480,414 received less $377,895 in stock, or $102,519), those              
          portions are taxable, and we so hold.  Whether the portions of              
          the IRA and Keogh distributions used to purchase the stock are              
          excludable from income turns on whether the respective rollover             
          provisions of sections 408(d)(3) and 402(c) require, since the              
          distributions consisted of money, that petitioner transfer money            
          to the Smith Barney IRA.                                                    
               Both rollover provisions were enacted as part of the                   
          Employee Retirement Income Security Act of 1974, Pub. L. 93-406,            
          sec. 2002(b), (g)(5), 88 Stat. 829, 959-964, 968-969.2  The                 
          purpose of allowing a tax-free rollover from a retirement plan to           
          an IRA was to facilitate portability of pensions.  Conf. Rept.              
          93-1280 (1974), 1974-3 C.B. 415, 502; H. Rept. 93-807 (1974),               
          1974-3 C.B. (Supp.) 236, 265.  The purpose of the IRA-to-IRA                
          transfers was to permit flexibility with respect to the                     
          investment of an IRA.  H. Rept. 93-807, supra, 1974-3 C.B.                  
          (Supp.) at 374; S. Rept. 93-383 (1973), 1974-3 C.B. (Supp.) 80,             
          214.  With respect to rollovers, the legislative history                    
          repeatedly speaks in terms of "this same money or property" and             
          "the same amount of money (or the same property)", both for                 
          distributions from an IRA and from a qualified plan.  H. Rept.              
          93-807, supra, 1974-3 C.B. (Supp.) at 374-375; Conf. Rept. 93-              


               2  These provisions enacted sec. 402(a)(5), which is the               
          predecessor of sec. 402(c).                                                 




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