G. Richard and Sara B. Childs - Page 9

                                        - 9 -                                         
          income on the contract and not includable in income to the extent           
          allocable to the investment in the contract.6                               
               Section 408(d)(4) sets forth an exception to the foregoing             
          general rule.  As applicable to the present case, section                   
          408(d)(4) provides that if an excess contribution is distributed            
          to and received by the contributor on or before the due date of             
          the return (including extensions) for the year of the excess                
          contribution, then such excess contribution is not includable in            
          the contributor's gross income.7                                            
               Petitioner made total excess contributions to her three                
          IRA's in the amount of $309,534.81 (i.e., $311,534.81 less                  

          6 Under sec. 72(c)(4), "annuity starting date" is defined as                
          the first day of the first period for which an amount is received           
          as an annuity under the contract.  Petitioner received a single             
          payment in the amount of $97,227.74 from her First American IRA's           
          prior to drawing annuity payments from her First American IRA's.            
          Thus, the distribution was received by petitioner before the                
          annuity starting date and, accordingly, sec. 72(e)(2)(B) applies.           
          7 Sec. 408(d)(4) provides:                                                  
                    (4) Contributions Returned Before Due Date of                     
               Return.-- * * * [section 72] does not apply to the                     
               distribution of any contribution paid during a taxable                 
               year to an individual retirement account * * * if--                    
                         (A) such distribution is received on or                      
               before the day prescribed by law (including extensions                 
               of time) for filing such individual's return for such                  
               taxable year,                                                          
                         (B) no deduction is allowed under section 219                
                    with respect to such contribution, and                            
                         (C) such distribution is accompanied by the                  
               amount of net income attributable to such                              
               contribution.                                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011