- 4 - (1929); see Poczatek v. Commissioner, 71 T.C. 371, 378 (1978). We note that had petitioner voluntarily assigned his interest in the IRA to his former spouse in connection with the debt that he owed to her, the assignment would be deemed a distribution. Sec. 1.408-4(a)(2), Income Tax Regs. Furthermore, a taxpayer cannot avoid the Federal income tax consequences resulting from a particular transaction by transferring the proceeds of the transaction to a creditor in satisfaction of a debt. As noted by the Supreme Court in Helvering v. Horst, 311 U.S. 112, 116 (1940): If the taxpayer procures payment directly to his creditors of the items of interest or earnings due him, * * * [citations omitted] he does not escape taxation because he did not actually receive the money. We understand that unlike the transfer involved in Helvering v. Horst, supra, or contemplated by the above regulation, the transfer in this case was hardly "voluntary"; however, we attach no significance to such a distinction. We consider the transfer to petitioner's spouse to constitute a distribution to petitioner. Distributions from an IRA are includable in income in accordance with section 72. Sec. 408(d). The distribution was not received by petitioner as an annuity; consequently, the provisions of section 72(e) are applicable. Consistent with the presumption of correctness applicable to respondent's determination, Welch v. Helvering, 290 U.S. 111, 115 (1933), andPage: Previous 1 2 3 4 5 6 Next
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