- 11 - regulation that suggests that an individual must be retired in order to receive a "retirement distribution". In other words, there is nothing in the regulation to suggest that "all" means "some". D. Case Law We also take note of the fact that petitioner's argument is contrary to several decisions of this Court. Thus, in Rodoni v. Commissioner, 105 T.C. 29, 40 (1995), the Court had little difficulty in holding that the taxpayer was liable for the excise tax under section 4980A, even though the taxpayer received a lump-sum distribution from his corporation's profit sharing plan in 1988 but continued to be employed by his corporation "until the present". Rodoni v. Commissioner, supra at 30. In Montgomery v. Commissioner, T.C. Memo. 1996-263, the Court also held that the taxpayer was liable for the excise tax under section 4980A. There the taxpayer, a teacher employed by the Hagerstown, Maryland Community College, received a distribution (in the form of a transfer refund from the Maryland State Teachers' Retirement System) in 1990. However, the taxpayer remained so employed at least through the time that the (...continued) 2085, 2481-2483. It was subsequently renumbered by sec. 1011A(g)(1)(A) of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3479. Because the applicable regulation does not reflect the statutory renumbering, the regulation appears as sec. 54.4981A-1T, Temporary Qualified Pension Plan Excise Tax Regs., 52 Fed. Reg. 46750 (Dec 10, 1987).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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