- 15 - Income Tax Regs., 40 Fed. Reg. 1016 (Jan. 6, 1975), petitioners are barred from electing 5-year averaging.8 Petitioners have also not demonstrated that they are eligible for capital gains treatment. They have presented no evidence or argument attempting to establish that they are entitled to capital gains treatment. Prior to 1986, section 402(a)(2) of the Code as then in effect permitted capital gains treatment for the portion of certain lump sum distributions from pension plans that was attributable to plan participation before 1974. The Tax Reform Act of 1986 (TRA 1986), Pub. L. 99-514, 100 Stat. 2085, prospectively eliminated capital gains treatment for lump sum distributions. However, taxpayers who attained age 50 before January 1, 1986, could elect to have the pre-TRA 1986 law apply. See TRA 1986, sec. 1122(h)(3)(A), (C), 100 Stat. 2470- 2471. Respondent concedes on brief that petitioner had reached age 50 before January 1, 1986. Thus, petitioner meets the threshold requirement of the transitional relief. However, petitioner must still satisfy the requirements of the pre-TRA 1986 law in order to get capital gains treatment. Under the pre- TRA 1986 law, capital gains treatment was available only if the taxpayer was an active participant in the plan prior to January 8 The same would be true if petitioners had attempted to elect 10-year averaging. Even if petitioners met the age requirement for the transitional relief provided in TRA 1986, sec. 1122(h)(5), 100 Stat. 2471-2472, application of that provision would still require a valid election under sec. 402(e)(4)(B).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011