Allan R. Powell and Joan K. Powell - Page 11

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          "balance to the credit" when he transferred from the Retirement             
          System to the Pension System.  Accordingly, petitioners are not             
          entitled to the increased threshold amount, i.e., $750,000, set             
          forth in section 4980A(c)(4) in determining the amount of                   
          petitioner's excess distributions for purposes of the excise tax            
          under section 4980A.                                                        
               Because petitioner received a retirement distribution under            
          section 4980A(e)(1) in the amount of $456,611, we sustain                   
          respondent's determination that petitioner received an excess               
          retirement distribution in the amount of $306,611 ($456,611 less            
          $150,000) and petitioner is therefore liable for the 15-percent             
          excise tax under section 4980A.                                             
               We have considered petitioners' remaining arguments                    
          regarding section 4980A and find them unpersuasive.                         
               Finally, we reject petitioners' claim of an overpayment of             
          income tax because the Transfer Refund does not qualify for 10-             
          year forward averaging under section 402(e)(1).  The law is clear           
          that if a distribution is not a "lump sum distribution" within              
          the meaning of section 402(e)(4)(A), then such distribution does            
          not qualify for forward averaging under section 402(e)(1).  E.g.,           
          Clark v. Commissioner, 101 T.C. 215, 218-219 (1993).  We have               
          already held, supra at p. 10, that the Transfer Refund did not              
          constitute a lump sum distribution because petitioner did not               
          receive the "balance to the credit" when he transferred from the            






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