Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 2

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          Rules 180, 181, and 183.1  The Court agrees with and adopts the             
          Opinion of the Special Trial Judge, which is set forth below.               
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  For the taxable year 1989,                
          respondent determined a deficiency in petitioners' Federal income           
          tax, as well as deficiencies in petitioners' Federal excise taxes           
          under sections 4973 and 4980A,2 in the total amount of                      
          $89,740.84.  The deficiency in income tax includes the 10-percent           
          additional tax imposed by section 72(t) on early distributions              
          from qualified retirement plans.                                            
               The pivotal issue for decision is whether the distribution             
          received by petitioner Glenn L. Wittstadt in 1989 from the                  
          Maryland State Teachers' Retirement System qualifies for tax-free           
          rollover treatment under section 402(a)(5).  The resolution of              
          this issue turns on whether the distribution constitutes a                  
          "partial distribution" as defined by section 402(a)(5)(D)(i).               
               If we conclude that the distribution in question does not              
          qualify for tax-free rollover treatment, then we must also                  

          1 Unless otherwise indicated, all section references are to                 
          the Internal Revenue Code in effect for the taxable year in                 
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
          2 Sec. 4973 imposes a 6-percent excise tax on excess                        
          contributions to individual retirement accounts.  Sec. 4980A                
          imposes a 15-percent excise tax on excess distributions from                
          qualified retirement plans.  Both of these taxes are included               
          within ch. 43 of the Internal Revenue Code.  They are therefore             
          subject to the deficiency procedures set forth in subch. B of ch.           
          63 of the Internal Revenue Code.  See sec. 6211(a).                         




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