- 5 - Under section 72(e), the amount included in gross income equals the amount distributed to the distributee less the amount of any investment (i.e., contributions) made by the distributee. Since petitioner made no contributions to her account, the amount includable under section 72, in the absence of any exceptions, would be equal to the total amount of the distribution. However, section 402(e)(4) provides: (4) Net Unrealized Appreciation.-- (A) Amounts attributable to employee contributions.-- * * * (B) Amounts attributable to employer contributions.--For purposes of * * * [section 402(a)] and section 72, in the case of any lump sum distribution, which includes securities of the employer corporation, there shall be excluded from gross income the net unrealized appreciation attributable to that part of the distribution which consists of securities of the employer corporation. * * * (C) Determination of amounts and adjustments.--For purposes of * * * [section 402(e)(4)(A) and (B)], net unrealized appreciation and the resulting adjustments to basis shall be determined in accordance with regulations prescribed by the Secretary. (D) Lump sum distribution.--For purposes of * * * [section 402(e)(4)], the term "lump sum distribution" has the meaning given such term by * * * [section 402(d)(4)(A)] (without regard to * * * [section 402(d)(4)(F)]). The phrase "securities of the employer corporation" includes shares of stock of a parent or subsidiary corporation of the employer corporation. Sec. 402(e)(4)(E). The net unrealized appreciation (NUA) in the securities is the excess of the fair market value of such securities at the time of distribution overPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011