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follows. Petitioner bears the burden of proof on all questions
of fact. Rule 142(a).
I. Background
Petitioner resided in Reston, Virginia, when the petition
was filed.
During 1992, until his employment was terminated on
January 20, 1992, petitioner was employed by Unisys Corporation
(Unisys). Petitioner was a participant in the Unisys Savings
Plan (the plan). The plan is an “I.R.C. � 401(k) plan”. On
January 20, 1992, petitioner requested an immediate total
distribution of his vested balance in the plan (the request).
Pursuant to the request, two payments were made to
petitioner in 1992, $8 in April and $56,932 on December 18,
totaling $56,940 (the 1992 distribution). Unisys informed
petitioner that $86.42 invested in a “Mutual Benefit Contract”
and $7,021.63 invested in an “Executive Life Contract” (together,
the contract amounts) remained in his plan account and were
considered unavailable for distribution due to pending litigation
involving those investments.
During the 60-day period beginning on December 19, 1992,
petitioner did not “roll over” into another “qualified plan” the
1992 distribution.
Beginning in April 1994, Unisys began to make payments to
petitioner of a portion of the contract amounts. As of the date
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