- 13 - evidence of legislative purpose must be demonstrable if we are to construe the statute so as to override the plain meaning of the words used therein. Estate of Owen v. Commissioner, 104 T.C. 498, 507-508 (1995), and cases cited therein. Petitioner has made no such showing. Indeed, the legislative history of section 4980A is harmonious with the plain meaning of the statute. Section 4980A originated in section 1133 of H.R. 3838, as reported by the House Committee on Ways and Means on December 7, 1985. H. Rept. 99-426, at 745-746 (1985), 1986-3 C.B. (Vol. 2) 745-746, on H.R. 3838 provides in pertinent part as follows: In addition, the bill imposes a new excise tax on excess distributions from qualified retirement plans * * * . To the extent that aggregate annual distributions paid to a participant from such tax-favored retirement savings arrangements are excess distributions, the bill generally imposes an excise tax equal to 15 percent of the excess. * * * * * * * In applying the additional tax, all distributions made with respect to any individual during a calendar year will be aggregated, regardless of the form of the distribution or the number of recipients. Thus, for example, all distributions received during a year, whether paid under a life annuity, a term certain, or any other benefit form (including an ad hoc distribution) generally will be aggregated in applying the tax. [Emphasis added.] The conference report on H.R. 3838 is equally instructive. It provides in relevant part as follows: The conference agreement generally follows the House bill with respect to the 15-percent excise tax on benefit payments * * * . The conference agreement also clarifies that distributions attributable to after-tax employee contributions and distributions not includible in income by reason of a rollover contribution are notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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