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219(g)), exclusive of amounts properly rolled over tax free.
Sec. 4973(b).
In view of our conclusion, supra, that petitioner's Transfer
Refund qualifies for tax-free rollover treatment in 1989 under
section 402(a)(5)(D), petitioner is not liable for the excise tax
under section 4973(a).
Section 4980A
Finally, we turn to section 4980A. Section 4980A(a) imposes
a 15-percent excise tax on excess distributions from qualified
retirement plans. As relevant herein, an "excess distribution"
is defined as the aggregate amount of the retirement
distributions with respect to any individual during any calendar
year to the extent that such amount exceeds $150,000. Sec.
4980A(c)(1). However, pursuant to section 4980A(c)(2)(D), a
retirement distribution is not an "excess distribution" if the
retirement distribution is not included in gross income by reason
of a rollover contribution.
In view of our conclusion, supra, that petitioner's Transfer
Refund qualifies for tax-free rollover treatment in 1989 under
section 402(a)(5)(D), petitioner is not liable for the excise tax
imposed by section 4980A for 1989.
For 1990, petitioner withdrew an amount in excess of
$150,000 from his IRA with First National. Accordingly,
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