George and Elam Campbell - Page 12

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            $82,900 less $2,000).  The genesis of such contribution was in                               
            petitioner's retirement savings which petitioners reported as                                
            income on their amended Form 1040 for 1989.  This contribution                               
            was distributed to petitioner by his IRA on April 11, 1991.                                  
                  As a general rule, any amount "paid or distributed out of"                             
            an IRA is includable in gross income by the taxpayer in the                                  
            manner provided under section 72.  Sec. 408(d)(1).  Section 72(e)                            
            is applicable, inter alia, to amounts received under an annuity                              
            contract but not received as an annuity.  The distribution                                   
            received by petitioner on April 11, 1991, falls into this                                    
            category.                                                                                    
                  Amounts received before the annuity starting date are                                  
            includable in income to the extent allocable to income on the                                
            contract and are not includable in income to the extent allocable                            
            to the investment in the contract.12  Sec. 72(e)(2)(B).  Thus,                               
            section 72(e)(2)(B) effectively gives a taxpayer a basis in the                              
            taxpayer's IRA to the extent of his or her investment in the                                 
            contract.  The investment in the contract is defined in section                              
            72(e)(6) as the aggregate amount of consideration paid for the                               
            contract reduced by the amount received that was previously                                  

            12          Under sec. 72(c)(4), "annuity starting date" is defined                          
            as the first day of the first period for which an amount is                                  
            received as an annuity under the contract.  Petitioner received a                            
            single payment in the amount of $90,662.11 from his Loyola IRA                               
            prior to drawing annuity payments from his retirement account.                               
            Thus, the distribution was received by petitioner before the                                 
            annuity starting date and, accordingly, sec. 72(e)(2)(B) applies.                            




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