- 14 - similarly not authoritative.12 Petitioners also contend that the alleged failure by the administrator of the Retirement Plan to provide the written explanation required by section 402(f) is somehow attributable to respondent and requires respondent to assume the burden of proof. The short answer to this contention is that we have decided the issue in dispute without regard to the burden of proof. In any event, section 402(f) imposes a duty on plan administrators and not on the Commissioner.13 Petitioners complain that neither the taxable amount of the Transfer Refund nor the amount of petitioner's previously taxed contributions has ever been precisely determined. Here we can 12 We observe that the IRS publications and the explications thereof by the State agency are consistent with our analysis as set forth above. For example, the agency describes a lump sum distribution as "the distribution or payment within one tax year of an employee's entire balance * * * from all of the employer's qualified pension plans * * *." (Emphasis added.) IRS Publication 590 describes a lump sum distribution similarly: "Generally, a lump-sum distribution must include your complete share * * * in all of your employer's pension plans." (Emphasis added.) We also observe that the Transfer Refund is not a lump sum distribution for internal revenue purposes merely because it may have been considered to be a "lump sum distribution" for purposes of the Maryland State Teachers' Retirement System. For internal revenue purposes, the term "lump sum distribution" is a term of art and is expressly defined by section 402(e)(4)(A). For internal revenue purposes, any other definition of the term is simply irrelevant. 13 Moreover, it does not appear that the Transfer Refund was even eligible for rollover treatment. See Dorsey v. Commissioner, T.C. Memo. 1995-97; Brown v. Commissioner, T.C. Memo. 1995-93.Page: 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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