- 8 - received the property distributed." In other words, if a taxpayer receives a distribution from a retirement plan and fails to make a rollover of such distribution to an eligible retirement plan within 60 days of taxpayer's receipt of such distribution, the amount shall be taxable under section 72 in the year of distribution. The term "eligible retirement plan" is defined in section 402(c)(8)(B) as "(i) an individual retirement account * * *, (ii) an individual retirement annuity * * *, (iii) a qualified trust, and (iv) an annuity plan described in section 403(a)." (Emphasis added.) Petitioner admits receiving a $500 IRA distribution in 1994 but contends that it is not includable in his gross income because he rolled it over into another IRA account soon after he received the distribution. When questioned as to how much time passed between the time petitioner received the $500 and the time he deposited it into another IRA petitioner testified "I don't recall". He stated that he was not willing to swear under oath that he deposited the funds into another IRA on or before the 60th day following the date of their receipt. The parties stipulated that petitioner phoned Asheville Savings on July 7, 1994, to request a $500 distribution from his IRA. Petitioner testified that he felt certain he received that $500 distribution within 2 weeks of the telephone call but he could not testify as to a specific date. Moreover, petitioner produced the signaturePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011