Allan R. Powell and Joan K. Powell - Page 3

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          Refund distribution was paid from a qualified employer plan under           
          section 4980A(e)(2), then we must also decide whether such                  
          distribution qualifies for 10-year forward averaging under                  
          section 402(e)(1).                                                          
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.  Petitioners resided in Hagerstown, Maryland, at the time            
          their petition was filed with the Court.                                    
               Petitioner Allan R. Powell (petitioner) was a teacher for 41           
          years in the Baltimore and Hagerstown Public Schools until his              
          retirement, effective July 1, 1992.  At the time of trial,                  
          petitioner was employed as a part-time professor at Hagerstown              
          Junior College.  As an employee of the Baltimore and Hagerstown             
          Public Schools, petitioner was a member of the Maryland State               
          Teachers' Retirement System (the Retirement System) until he                
          transferred to the Maryland State Teachers' Pension System (the             
          Pension System) on June 1, 1990.                                            
               In determination letters dated June 23, 1982, respondent               
          determined that the Retirement System and the Pension System were           
          qualified plans under section 401(a) and that they maintained               
          trusts that were exempt from income tax under the provisions of             
          section 501(a).  In 1984, 2 years after respondent issued the               
          determination letters, the Maryland State legislature amended               
          some of the provisions of the Retirement System.  Respondent did            
          not re-evaluate the provisions of the Retirement System after the           




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