- 22 - legislation itself. In enacting and amending the IRA provisions in 1974 and 1986, respectively, it is clear that Congress intended to encourage retirement savings and the retention of those savings for retirement use. If denied favorable tax treatment in this situation, petitioners will face retirement without a large portion of petitioner's retirement savings, thus creating the very situation that Congress sought to avoid by enacting the IRA provisions in the first place. See Adler v. Commissioner, 86 F.3d 378, 381 (4th Cir. 1996), vacating and remanding T.C. Memo. 1995-148. Finally, petitioners contend that respondent's interpretation of section 72(e)(6) should be resisted because otherwise it would lead to petitioner's retirement distribution's being taxed twice. We think petitioners' contention is meritorious. Here we take note of the long-standing principle that double taxation is to be avoided unless expressly intended by Congress. E.g., Maass v. Higgins, 312 U.S. 443, 449 (1941); United States v. Supplee-Biddle Hardware Co., 265 U.S. 189, 195- 196 (1924); Tennessee v. Whitworth, 117 U.S. 129, 137 (1886); Verkouteren v. District of Columbia, 433 F.2d 461, 469 (D.C. Cir. 1970). Nothing in section 72(e)(6) suggests that petitioner's retirement distribution should be taxed twice. As previously discussed, such intent is also conspicuously absent in the pertinent legislative history.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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