Jeffrey Lee Golian - Page 4




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          his salary to the section 401(k) account on a pretax basis, and             
          his employer made  matching contributions.                                  
               Upon termination of his employment with the railroad,                  
          petitioner rolled his 401(k) account into an individual                     
          retirement account (IRA).  In 2003, the custodian of petitioner’s           
          IRA was Wachovia Securities LLC, and the account consisted of a             
          portfolio of mutual funds.                                                  
               Also upon termination of his employment with the railroad,             
          petitioner sold his Kansas City residence and relocated to the              
          Denver area, where the cost-of-living, and specifically the cost            
          of housing, was greater.  In 2003, needing money to finance the             
          purchase of a new home, and being both a single father and                  
          temporarily unemployed, petitioner withdrew $86,333.33 from his             
          IRA.3  Petitioner used the proceeds, net of withheld taxes, to              
          help finance the downpayment for his new home.                              
               Petitioner was 46 years old and not disabled in 2003 when he           
          received the IRA distribution.                                              
               Petitioner filed a Form 1040, U.S. Individual Income Tax               
          Return for 2003.  On line 15a of his return, petitioner reported            
          an IRA distribution of $86,333.33, and on line 15b he reported              



               3  The distribution did not exhaust petitioner’s account               
          balance; however, the distribution was not part of a series of              
          substantially equal periodic payments made for petitioner’s life            
          (or life expectancy).                                                       







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