Winthrop B. and Sally L. Orgera - Page 7

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          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 for             




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