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nor has petitioner directly challenged it. Rev. Rul. 83-57,
supra, 1983-1 C.B. at 92-93, concludes, in part, by stating:
Any additional distributions representing the
employee’s portion of court-impounded funds released in
a subsequent year do not constitute a lump sum
distribution within the meaning of section 402(e)(4)(A)
of the Code, because the portion would not be payable
within the same taxable year as the employee’s original
distribution. * * *
Thus, although it might be argued that the Commissioner has been
liberal in interpreting the balance payable requirement, the
Commissioner has not conceded in Rev. Rul. 83-57, supra, that a
lump-sum distribution can be made or paid in installments
extending over a period greater than one taxable year of the
recipient. Although, at some future time, petitioner may
challenge Rev. Rul. 83-57, supra, and claim that a distribution
of some portion of the contract amounts constitutes a lump-sum
distribution under the plan, that argument cannot help petitioner
today.
Petitioner directs our attention to Rev. Rul. 60-292, 1960-2
C.B. 153. That ruling does not support petitioner’s argument
that, if the balance to the credit of an employee is not
distributed within one taxable year of the recipient, a lump-sum
distribution may be made or paid in installments extending over
more than one taxable year. That ruling addresses a prior
version of section 402 (allowing long-term capital gain treatment
on lump-sum distributions made within one taxable year of the
distributee) and states that, if there is a delay in distribution
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