Gordon J. and Bonnie L. Schoof - Page 10

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          10-percent additional tax pursuant to section 72(t) for early               
          distributions from qualified retirements plans.5                            
                                       OPINION                                        
               Generally, distributions from qualified retirement plans are           
          includable in the distributee's income in the year of distribution          
          as provided in section 72.  Secs. 402(a)(1), 408(d)(1).  An                 
          exception exists if the distribution proceeds are rolled over into          
          an eligible retirement plan or an IRA within 60 days of the                 
          distribution.  Secs. 402(a)(5), 408(d)(3).                                  
               In the consolidated cases before us, respondent contends that          
          petitioners' distribution proceeds were not rolled over into a              
          qualified IRA because the purported trustee of the FAC IRA, Mr.             
          Thomson, was not eligible to serve in that capacity.  Respondent            
          also asserts that petitioners did not acquire their interests in            
          MDA's bus stop shelter program through an IRA but rather in their           



               5    Respondent concedes on brief that petitioners Gordon J.           
          Schoof, Alice M. Johnson, William W. Agnew, and Daurine M. Baker            
          are not liable for the 10-percent additional tax pursuant to sec.           
          72(t) for the distributions made to them during 1991 because they           
          were age 59-1/2 or older at the time of the distributions.  See             
          sec. 72(t)(2)(A)(i).  Because petitioner Joe O. Baker was also              
          age 59-1/2 or older at the time of his distribution, we hold that           
          he is not liable for the sec. 72(t) additional tax.                         
               In the notice of deficiency, there was no determination that           
          petitioners Robert C. and Mary D. Borman were liable for the sec.           
          72(t) additional tax, but on brief, respondent made such an                 
          assertion. See sec. 6214(c).                                                







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