Dale Reid Edmonds - Page 7

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          collection action by respondent totally unrelated to the year at            
          issue.  Such conduct is not acceptable.  Respondent, therefore,             
          is sustained on this issue.                                                 
               The second issue is whether a $500 distribution received by            
          petitioner from an IRA is includable in gross income.  Section              
          402(a) provides that "any amount actually distributed to any                
          distributee by any employees' trust described in section 401(a)             
          * * * shall be taxable to the distributee, in the taxable year of           
          the distributee in which distributed, under section 72 (relating            
          to annuities)."  However, an exception to this general rule is              
          found in section 402(c)(1), which provides:                                 

                    (1) Exclusion from income.--If.--                                 
                         (A) any portion of the balance to the credit                 
                    of an employee in a qualified trust is paid to the                
                    employee in an eligible rollover distribution,                    
                         (B) the distributee transfers any portion of                 
                    the property received in such distribution to an                  
                    eligible retirement plan, and                                     
                         (C) in the case of a distribution of property                
                    other than money, the amount so transferred                       
                    consists of the property distributed,                             
               then such distribution (to the extent so transferred)                  
               shall not be includible in gross income for the taxable                
               year in which paid.                                                    

          Further, section 402(c)(3) provides that such a rollover                    
          exclusion shall not apply "to any transfer of a distribution made           
          after the 60th day following the day on which the distributee               





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