- 7 - instructions as to opening the IRA at the Kansas bank, but that account was never funded. After petitioner learned his approach was inadequate, he put the remaining funds into a valid IRA. Even though a part of the plan distribution was ultimately placed into a valid IRA, petitioners failed to roll over any part of the $246,647.68 cash distribution within 60 days in a manner that would meet the requirements for deferral under section 402(a)(5). Petitioner contends that the holding in Wood v. Commissioner, 93 T.C. 114 (1989), is applicable here. That case involved a distribution of a profit-sharing plan followed by the taxpayer's establishment of an IRA. Due to a bookkeeping error by the IRA trustee, certain of the trustee's records indicated that part of the distribution had not been transferred to the IRA account within the required 60 days. In Wood, we held that the trustee's bookkeeping error did not preclude the taxpayer's rollover treatment because, in substance, the taxpayer had met the statutory requirements. Here, petitioner had established an IRA, yet, due to petitioner's lack of understanding, he failed to make a timely transfer of the distribution to an IRA that met the statutory requirements. Hence, the distribution made in 1990 is taxable as determined by respondent. Respondent also determined that petitioners were liable for the 10-percent additional tax for early distribution under section 72(t). That section provides for an additional tax forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011