Mark E. Schroeder - Page 6




                                         -6-                                          
          entitles petitioner to a refund of the excess withholding for               
          1992, 1993, and 1994.                                                       
               We disagree.  Equitable recoupment does not apply here.                
          “[A] claim of equitable recoupment will lie only where the                  
          Government has taxed a single transaction, item, or taxable event           
          under two inconsistent theories.”  United States v. Dalm, 494               
          U.S. 596, 605 n.5 (1990) (citing Rothensies v. Electric Storage             
          Battery Co., supra).  Here, respondent has not used inconsistent            
          theories of taxation.  Thus, equitable recoupment does not apply.           
          C.   Whether Petitioner Is Taxable on the IRA Distribution                  
               A distribution from an IRA is generally includable in income           
          by the recipient in the year in which the distribution is                   
          received.  See sec. 408(d)(1); Aronson v. Commissioner, 98 T.C.             
          283, 287 (1992).                                                            
               A distribution was made to respondent from petitioner's IRA            
          in 1995.  Petitioner contends that he is not taxable on the                 
          distribution because he did not receive the funds or benefit                
          therefrom and because the distribution was involuntary.                     
          Petitioner also contends that respondent improperly levied his              
          IRA because respondent caused the distribution from the account             
          to be a lump-sum distribution and not a monthly annuity payment.            
          We disagree.  A taxpayer constructively receives an IRA                     
          distribution when his or her account is levied and is taxed on it           
          even though the funds are paid to a third party.  See Larotonda             






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011