- 18 - Wayne further contends that the funds received from the IRA were loans. Wayne did not address this issue at trial or on brief.8 Under section 408(d)(1), "any amount paid or distributed out of an individual retirement plan shall be included in gross income by the payee or distributee * * * in the manner provided under section 72." See also Campbell v. Commissioner, 108 T.C. 54 (1997). Generally, any amount distributed from an IRA is includable in the gross income of the recipient in the year in which the distribution is received. Sec. 408(d)(1); sec. 1.408- 4(a)(1), Income Tax Regs. Because there is no evidence in the record that Wayne made nondeductible contributions to his IRA, we find that his tax basis in the IRA was zero. Sec. 1.408-4(a)(2), Income Tax Regs.; see also sec. 72(e)(2)(B). Therefore, he is afforded no credit for any investment in the IRA within the meaning of section 72(e)(3)(A) and (6). See also Vorwald v. Commissioner, T.C. Memo. 1997-15. The distributions are thereby allocated to, and included in, Wayne's gross income as follows: $9,000 for 1993 and $9,307 for 1994. 8 Wayne appears to have abandoned his untenable position that the funds were received in the form of loans. Unlike a loan from a qualified plan, a loan from an IRA to its owner is always a prohibited transaction (there is no exception for loans from an IRA to its beneficiary). Sec. 4975(d); Employee Retirement Income Security Act of 1974, Pub. L. 93-406, sec. 408(d), 88 Stat. 829, 885. If such a loan was made, the IRA would lose its exemption and all assets would be deemed distributed. Sec. 408(e)(1) and (2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011