- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011