Harold E. Emmons and Anna Mae Emmons - Page 11

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          for purposes of section 4980A is whether the Transfer Refund                
          constituted a "lump sum distribution" within the meaning of                 
          section 402(e)(4)(A).  Petitioners contend: (1) The Transfer                
          Refund was a lump sum distribution, (2) petitioner was entitled             
          to and did elect forward averaging under section 402(e),10 and              
          (3) there was no excess distribution because petitioner's lump              
          sum distribution and annuity payments did not exceed $750,000.              
          Respondent contends that the Transfer Refund was not a lump sum             
          distribution, and that there was an excess distribution to the              
          extent petitioner's retirement distributions exceeded $150,000.             
               A "lump sum distribution" is defined in section 402(e)(4)(A)           
          as follows:                                                                 
                    (A) Lump sum distribution.--For purposes of this                  
               section * * * , the term "lump sum distribution" means                 
               the distribution or payment within one taxable year of                 
               the recipient of the balance to the credit of an                       
               employee which becomes payable to the recipient--                      
                    (i) on account of the employee's death,                           
                    (ii) after the employee attains age 591/2,                        
                    (iii) on account of the employee's separation from the            
                         service, or                                                  
                    (iv) after the employee has become disabled * * *                 
               from a trust which forms a part of a plan described in                 


          10 We note that petitioners did not elect 10-year forward                   
          averaging under sec. 402(e) on their Form 1040 for 1991.                    
          Although petitioners contend on brief that they elected forward             
          averaging on an amended return (Form 1040X), the record contains            
          no such evidence.  Rule 143(b).  See 2 Bittker & Lokken, Federal            
          Taxation of Income, Estates and Gifts, par. 61.13.7, at 61-171              
          (2d ed. 1990); 370-2d Tax Mgmt (BNA), Qualified Plans -- Taxation           
          of Distributions, VII, C, 1, at A-107 (2d ed. June 27, 1994).               
                                                                                     
                                                                                     
                                                                                     




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