- 5 - section 408(a); (2) an individual retirement annuity described in section 408(b) (other than an endowment contract); (3) a qualified trust; and (4) an annuity plan described in section 403(a). Sec. 402(a)(5)(E)(iv). Petitioner's investment of the distribution into a personal residence does not constitute a transfer to an "eligible retirement plan" within the meaning of section 402(a)(5)(A)(ii). See Harris V. Commissioner, T.C. Memo. 1994-22; Luke v. Commissioner, T.C. Memo. 1993-409. It is a well-established principle that "exemptions from taxation are not to be implied; they must be unambiguously proved." United States v. Wells Fargo Bank, 485 U.S. 351, 354 (1988). Section 402(a)(5) does not apply to exclude the distribution from gross income, and we must apply the general rule of section 402(a). As discussed infra, it appears from petitioner's statements from the savings plan that the Form 1099-R excluded the proportionate share of petitioner's investment in the contract. Accordingly, we hold that the taxable portion of the distribution was $25,709, and that amount was taxable to petitioners during 1991. We, therefore, sustain respondent's determination on this issue. Section 72(t) Additional Tax Section 72(t)(1) imposes an additional tax on an amount received from a qualified retirement plan equal to 10 percent ofPage: Previous 1 2 3 4 5 6 7 8 Next
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