Winthrop B. and Sally L. Orgera - Page 9

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               Moreover, the record reflects that petitioner received cash            
          amounts representing about 90 percent of his Plan interest and              
          that about 10 percent of his Plan account was tied up in illiquid           
          assets that were supposedly to be placed in the Kansas bank IRA.            
          For reasons that are not explained in our record, as of 1991, the           
          illiquid assets had not been trusteed or placed in petitioner's             
          IRA account, and the $27 custodial fee was returned to                      
          petitioner.  These illiquid assets were not distributed during              
          1990.  Consequently, the distribution of cash to petitioner in              
          that year did not represent the full balance standing to his                
          account in the Plan and failed to qualify as a lump-sum                     
          distribution.                                                               
               Petitioner also argues that Congress did not intend that               
          taxpayers be subject to the full impact of the tax in these                 
          situations.  It is true that petitioner's distribution was made             
          due to circumstances beyond his control.  The statute, however,             
          requires that the distribution of a taxpayer's entire account               
          during the year be made in specific circumstances, which did not            
          occur here.  In addition, Congress provided a method for                    
          deferral, yet petitioner failed to comply with the statutory                
          requirements to obtain such deferral.  Accordingly, petitioners             
          are not entitled to section 402 relief, in the form of a tax-free           
          rollover or income averaging, for 1990, the year of the                     
          distribution.                                                               






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