- 18 - Petitioner's Physical Condition At Trial Petitioner's physical condition at the time of trial was essentially the same as petitioner's physical condition immediately before receiving the Transfer Refund in October 1989. At trial, petitioner was unable to stand with reasonable effort and was unable to assume the witness stand without risk of safety to himself. The evidence of significant physical pain was apparent from petitioner's demeanor. ULTIMATE FINDING OF FACT Petitioner was disabled within the meaning of section 72(m)(7) immediately before receiving the Transfer Refund in October 1989. OPINION I. Rollover Issue We must first decide whether the Transfer Refund received by petitioner in 1989 from the Retirement System qualifies for tax- free rollover treatment under section 402(a)(5). The resolution Retirement Systems in the amount of $103. Petitioners have conceded the first two adjustments. See supra note 6. However, respondent did not offer any evidence at trial regarding the third adjustment and therefore did not carry her burden of proof in respect of that adjustment or the correlative adjustments under secs. 72(t), 4980A. Accordingly, petitioners are not liable for any increase in tax (whether under secs. 1, 72(t), or 4980A) attributable to the $103 adjustment related to additional income from Maryland State Retirement Systems.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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