C. Merritt and Dorothy Pumphrey - Page 7

                                        - 7 -                                         
          said amount and included such tax as part of their total income             
          tax liability on page 2 of their Form 1040.                                 
               In the notice of deficiency, respondent determined that                
          petitioners did not qualify for 5-year forward averaging.                   
          Accordingly, respondent treated the Transfer Refund, in the                 
          amount of $186,758.54, as subject to the regular income tax.                
          Respondent contends that the Transfer Refund does not qualify for           
          forward averaging because it does not constitute a "lump sum                
          distribution" within the meaning of section 402(e)(4)(A).                   
                                       OPINION                                        
               As a general rule, a distribution from a qualified plan,               
          such as the Retirement System, is taxed to the recipient in the             
          year distributed under the rules relating to annuities.  Sec.               
          402(a)(1); see sec. 72.  However, section 402(e)(1) provides for            
          a preferential forward averaging method of computing the tax on             
          certain such distributions.  The parties agree that petitioners             
          are entitled to this preferential method of computing the tax on            
          the Transfer Refund if the Transfer Refund constitutes a "lump              
          sum distribution" within the meaning of section 402(e)(1)(A).8              

          8 The Tax Reform Act of 1986 replaced the 10-year forward                   
          averaging method with a 5-year forward averaging method for lump            
          sum amounts distributed after Dec. 31, 1986, in taxable years               
          ending after such date.  Tax Reform Act of 1986, Pub. L. 99-514,            
          sec. 1122(a)(2), (h)(1), 100 Stat. 2085, 2466, 2470.  However,              
          the Tax Reform Act of 1986, secs. 1122(h)(5) and 1124, provide              
          transitional rules under which lump sum distributions made after            
          Dec. 31, 1986, will nevertheless continue to qualify, under                 
          certain limited circumstances, for the more generous 10-year                
                                                             (continued...)           




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