T.C. Memo. 2000-219
UNITED STATES TAX COURT
STEPHEN R. JONES, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 13203-99. Filed July 20, 2000.
Petitioner (H) and his former wife (W) filed for
divorce in 1992. In April of 1994, H and W prepared a
draft marital settlement agreement that required H to
transfer his interest in his IRA to W. In May of 1994,
H cashed out his IRA and later endorsed the
distribution check over to W. Shortly thereafter, H
and W executed the marital settlement agreement. Held:
the IRA distribution is not excludable from H’s income
under sec. 408(d)(6), I.R.C. because the distribution
did not constitute the transfer of H’s “interest” in
his IRA.
Philip Garrett Panitz and Ryan D. Schaap, for petitioner.
Mark A. Weiner, for respondent.
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