- 10 - 1993), affg. on other grounds 97 T.C. 237 (1991). Section 4980A imposes a 15-percent excise tax on excess distributions from qualified retirement plans. Sec. 4980A(a). As relevant herein, an "excess distribution" is defined as the aggregate amount of the "retirement distributions"9 with respect to any individual during any calendar year to the extent that such amount exceeds $150,000. Sec. 4980A(c)(1). The definition of an excess distribution is modified, however, for a "lump sum distribution" to which a forward averaging election under section 402(e)(4)(B) applies. Thus, as relevant herein, if the retirement distributions with respect to any individual include a lump sum distribution to which an election under section 402(e)(4)(B) applies, an "excess distribution" exists to the extent that the retirement distributions exceed $750,000; i.e., five times the amount of the limitation otherwise provided by section 4980A(c)(1). Sec. 4980A(c)(4). For purposes of section 4980A(c), the aggregate amount of petitioner's retirement distributions was $384,851.86; i.e., $378,053.86 plus $6,798. See sec. 4980A(e)(1), (c)(2). In view of the foregoing, what is determinative in this case 9 As relevant herein, retirement distributions are defined as the amount distributed to an individual under an individual retirement plan or any "qualified employer plan" with respect to which such individual is or was the employee. Sec. 4980A(e)(1). A qualified employer plan is any plan described in sec. 401(a) that includes a trust exempt from tax under sec. 501(a). Sec. 4980A(e)(2)(A). Certain distributions are excluded in calculating an individual's aggregate retirement distributions. See sec. 4980A(c)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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