- 15 - Petitioners' 1989 Income Tax Return On their income tax return for 1989, petitioners disclosed the receipt of the taxable portion of the Transfer Refund; i.e., $227,812. Of this amount, petitioners reported that $77,812 was taxable and that the balance, or $150,000, had been rolled over tax-free into an IRA. Petitioners attached Form 5329 "Return for Additional Taxes Attributable to Qualified Retirement Plans (Including IRAs) Annuities, and Modified Endowment Contracts" to their 1989 return. In Part II of this form, petitioners reported liability in the amount of $7,781 for the additional tax under section 72(t); i.e., 10 percent of $77,812, the amount of the Transfer Refund that petitioners had included in gross income. Respondent's Deficiency Determination For 1989 In the notice of deficiency for 1989, respondent determined that petitioner's Transfer Refund was not eligible for tax-free rollover treatment under section 402(a)(5). Respondent also determined that, by virtue of sections 402(a)(1) and 72, the taxable portion of the Transfer Refund (i.e., $227,812.11) was includable in petitioners' gross income for 1989. Accordingly, because petitioners had previously reported that $77,812 of such amount was taxable and had attempted to roll over only the balance (i.e., $150,000), respondent increased petitioners'Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011