- 7 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011