- 4 - Transfer Refund) that was received by petitioner from the Maryland State Teachers' Retirement System (the Retirement System) did not qualify for tax-free rollover treatment under section 402(a)(5). In turn, this determination was premised on respondent's ultimate determination that the Transfer Refund was not made "on account of" petitioner's separation from the service of the Baltimore County Public Schools; i.e., petitioner's retirement as a teacher, but rather was made "on account of" petitioner's election to transfer from the Retirement System to the Maryland State Teachers' Pension System (the Pension System). B. The Parties' Pleadings On April 9, 1993, petitioners filed a timely petition (the Petition) in which they contested the deficiencies determined by respondent. In the Petition, which they filed pro se, petitioners alleged, in part, as follows: The issue in this case was whether my [Transfer Refund] distribution met the IRS requirements for a tax free roll-over or not * * * . The December 4, 1992 final appeal decision letter from the local IRS Appeals Division states that [the Transfer Refund] did not [qualify for tax-free rollover treatment] because the distribution WAS NOT received because of "Separation from the job" (retirement) as required; but because I signed an "election form to transfer participation from the old ... retirement fund to the new ... retirement fund". * * * * * * * Following the June 30, 1989 separation [petitioner's final day of employment] the State had only one, single, required course of action, namely to make the distribution to me on or after July 1, 1989,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011