Robert A. Hall and Laverne M. Hall - Page 14

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               We therefore find that under section 72, as modified by                
          section 408(d)(1) and (2), part of petitioner's retirement                  
          account distributions represents a nontaxable return to him of              
          his investment in the contract and part represents accrued                  
          income, which petitioner agrees is taxable to him.                          
          Return of Contributions                                                     
               Before we apply section 72 as modified by section 408(d)(1)            
          and (2), however, we must consider the effect of section                    
          408(d)(4) and (5).  Under these provisions, nondeductible amounts           
          contributed to an IRA for a taxable year, and later withdrawn,              
          are not treated as taxable distributions.6  Contributions                   
          withdrawn by the individual by April 15 of the year following the           
          taxable year, for which no deduction is allowed with respect to             
          the contribution, are not taxable upon distribution.  Sec.                  
          408(d)(4); Childs v. Commissioner, T.C. Memo. 1996-267.                     
               Petitioner was employed by the Tribe in Indian fishing-                
          rights-related activity.  Payments to petitioner for such Indian            
          fishing-rights-related services were not includable in his gross            
          income.  Sec. 7873.  The contributions made on his behalf to                
          Guardian by the Tribe were made due to his Indian fishing-rights-           
          related services and are considered as "compensation" under                 


               6A contribution distributed before the due date of the                 
          return must be accompanied by the amount of net income                      
          attributable to such contribution which net income is includable            
          in gross income.  Sec. 408(d)(4).                                           




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