5 withdrawal of the funds on or about October 31, 1990, and his deposit of the same into a personal checking account qualifies as a taxable distribution. We agree. The distribution that petitioner received from the CSRS is subject to taxation under section 72 pursuant to section 402(a). CSRS is a plan that meets the requirements of section 401(a), and the law is well established that section 72 is applicable to distributions received pursuant to the CSRS. Malbon v. United States, 43 F.3d 466, 468 (9th Cir. 1994); Shimota v. United States, 21 Cl. Ct. 510, 519-520 (1990), affd. 943 F.2d 1312 (Fed. Cir. 1991); sec. 1.72-2(a)(3)(iii), Income Tax Regs. A lump sum payment from the CSRS is treated as a payment under an annuity contract. Roundy v. Commissioner, T.C. Memo. 1995-298; Kirkland v. Commissioner, T.C. Memo. 1994-220. Such payment is subject to tax in the year in which it is received as a payment under an annuity contract that is "not received as an annuity" under section 72(e)(1)(A). Guilzon v. Commissioner, 97 T.C. 237, 243 (1991), affd. 985 F.2d 819 (5th Cir. 1993). At the time petitioner withdrew the funds from the Fidelity IRA and deposited them into his personal checking account, the funds became taxable income. Petitioner's argument that whatever tax was due was withheld by Fidelity prior to his withdrawal of the funds is unfounded. First, it is not the responsibility of financial institutions to withhold income taxes from savings withdrawals, and petitioner presented no documentation that suchPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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