- 14 - taken into account in applying the tax. All other amounts not specifically exempted are taken into account. [H. Conf. Rept. 99-841, 1986-3 C.B. (Vol. 4) 477; emphasis added.] See also Staff of Joint Comm. on Taxation, General Explanation of the Tax Reform Act of 1986, 754-760 (J. Comm. Print 1987). The above quoted passages from the congressional reports regarding section 4980A demonstrate that Congress intended to include, within the statutory definition of "retirement distributions", all distributions from qualified plans, except those specifically excluded by the statute. Because the taxable portion of petitioner's Transfer Refund is not a type of distribution that is specifically excluded by the statute, it therefore follows that the taxable portion of such Refund was intended by Congress to come within the definition of a "retirement distribution" for purposes of section 4980A. F. Section 4980A(f) To the extent that petitioner may rely on section 4980A(f), it is clear that such section does not serve to relieve petitioner from liability for the excise tax under section 4980A(a). Here we observe that section 4980A(f) is a "grandfather" provision that authorizes an exemption of accrued benefits in excess of $562,500 on August 1, 1986. Subsection (f) of such section requires that an election be made with respect to an eligible individual in order to have the subsection apply. See sec. 4980A(f)(1), (5). However, petitioner has not made thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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