- 13 - Guardian IRA, as petitioner's investment in the IRA contract. Cf. Wimbish v. United States, 267 F. Supp. 597 (W.D. Ky. 1967). Amounts Allocated to Investment and Income Generally, for distributions of amounts not received as annuities, before the annuity starting date, the amount of a distribution allocable to the investment in the contract and thus distributed tax free, is the portion of the amount received that bears the same ratio to the amount received as the investment in the contract bears to the account balance. Sec. 72(e)(8)(A) and (B). The operation of section 72(e)(8) is, however, modified in the case of an IRA by section 408(d)(2). The latter section requires for section 72 purposes that we treat all IRA's as one, all distributions in 1992 as one distribution, and that we compute the value, income, and investment in the contract as of the end of 1992; the value of the contract includes the amount of any distributions during the calendar year (flush language following section 408(d)(2)(C)). Petitioner has failed to provide any evidence as to the source, year, or amount of the contributions to the Prudential account. Without such evidence we cannot find that any amount distributed to petitioner from the Prudential account is a return of his investment in the account.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011