- 24 - In view of the foregoing, we hold that petitioner was disabled, within the meaning of section 72(m)(7), immediately before receiving the Transfer Refund. Accordingly, the Transfer Refund qualifies as a partial distribution and is eligible for tax-free rollover treatment under section 402(a)(5)(D). Petitioners are therefore not required to include in their gross income for 1989 the $150,000 that was not previously included therein. II. The IRA Distribution Issue On or about August 8, 1990, petitioner withdrew $157,174 from his IRA with First National. Petitioners reported $150,000 of this distribution in their gross income for 1990. Respondent contends that for 1990, petitioners failed to include in their gross income $7,174 of petitioner's IRA distribution from First National. We do not understand petitioners to argue that the amount of the IRA distribution in excess of $150,000; i.e., $7,174, is not includable in their gross income for 1990. In any event, based on the record as a whole, we are satisfied that the $7,174 represents taxable earnings from petitioner's IRA and that such amount is properly includable in petitioners' gross income for 1990. Sec. 408(d)(1).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011