Harold E. Emmons and Anna Mae Emmons - Page 10

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          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).                                                       



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