- 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).
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