Elaine S. Bennett - Page 13

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          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 not                 




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