William L. Reese - Page 7

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          an installment of a lump-sum distribution, which lump-sum                   
          distribution will not be completed until Unisys completes its               
          payments to him on account of the contract amounts.  Only then,             
          petitioner concludes, will the 60-day rollover period begin.                
                    4.  Analysis                                                      
                    a.  Partial Distribution                                          
               Apparently, petitioner recognizes that it would be futile              
          for him to argue that the 1992 distribution was a “partial                  
          distribution”, within the meaning of section 402(a)(5)(E)(v).               
          Nothing in the statute lends itself to the argument that,                   
          treating the 1992 distribution as one or more partial                       
          distributions, the 60-day rollover period has not expired.                  
                    b.  “[B]alance to the credit of an employee”                      
               As stated, section 402(e)(4)(A) incorporates into the                  
          definition of a lump-sum distribution the requirement that the              
          distribution or payment constitute the balance to the credit of             
          an employee which becomes payable on account of his separation              
          from service.  The Commissioner has interpreted the section                 
          402(e)(4)(A) balance-to-the-credit-of-an-employee requirement               
          (the balance payable requirement) as being satisfied when the               
          recipient receives all funds credited to the employee’s account             
          except for the employee’s possible share of certain court                   
          impounded funds.  Rev. Rul. 83-57, 1983-1 C.B. 92.  The                     
          Commissioner’s position in that ruling is not before the Court,             






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Last modified: May 25, 2011