Jeffery Allen Robinson - Page 8

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               If * * * any portion of the balance to the credit of an                
               employee in a qualified trust is paid to him, * * * [and]              
               the employee transfers any portion of the property he                  
               receives in such distribution to an eligible retirement                
               plan, [i.e., rollover] * * * then such distribution (to the            
               extent so transferred) shall not be includible in gross                
               income for the taxable year in which paid.                             

          Further, section 402(a)(5)(C) provides that such a rollover                 
          exclusion shall not apply "to any transfer of a distribution made           
          after the 60th day following the day on which the employee                  
          received the property distributed."  In other words, if a                   
          taxpayer receives a distribution from a retirement plan and fails           
          to make a rollover of such distribution to an "eligible                     
          retirement plan" within 60 days of taxpayer's receipt of such               
          distribution, it shall be taxable to him under section 72 in the            
          year of distribution.  There is no provision in the law deferring           
          the inclusion of the distribution into gross income until the               
          succeeding year simply because the 60-day rollover period extends           
          into the succeeding year.                                                   
          The term "eligible retirement plan" is defined in section                   
          402(a)(5)(E)(iv) as "(I) an individual retirement account * * *,            
          (II) an individual retirement annuity * * *, (III) a qualified              
          trust, and (IV) an annuity plan described in section 403(a)."               
          (Emphasis added.)  A "qualified trust" is defined in section                
          402(a)(5)(E)(iii) to mean "an employees' trust described in                 
          section 401(a) which is exempt from tax under section 501(a)."              






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