C. Merritt and Dorothy Pumphrey - Page 12

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          of an election and not as a result of any voluntary separation."            
          The distinction that petitioners draw, however, represents a                
          distinction without a difference because the fact that                      
          petitioners rely on so heavily is simply not relevant to the                
          controlling law, i.e., the aggregation provisions of section                
          402(e)(4)(C).                                                               
               In view of the foregoing, we hold that the Transfer Refund             
          did not constitute a lump-sum distribution within the meaning of            
          section 402(e)(4)(A) because petitioner did not receive the                 
          "balance to the credit" when he transferred from the Retirement             
          System to the Pension System.  Accordingly, the Transfer Refund             
          received by petitioner does not qualify for forward averaging               
          under section 402(e)(1).  See Hamilton v. Commissioner, T.C.                
          Memo. 1994-633 (addressing whether a taxpayer had received the              
          "balance to the credit" in the context of whether the taxpayer              
          was entitled to compute tax on a transfer refund using the 10-              
          year forward averaging method set forth in section 402(e)(1));              
          Hoppe v. Commissioner, T.C. Memo. 1994-635 (same); see also                 
          Dorsey v. Commissioner, T.C. Memo. 1995-97 (addressing whether a            
          taxpayer had received the "balance to the credit" in the context            
          of whether a Transfer Refund distribution qualified for tax-free            
          rollover treatment under section 402(a)(5); Brown v.                        
          Commissioner, T.C. Memo. 1995-93 (same); cf. supra with T.C.                
          Memo. 1993-561.                                                             






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