Richard David Czepiel - Page 16




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          financial crimes.  In a related civil proceeding, a decree of               
          forfeiture was issued pursuant to 18 U.S.C. sec. 981 (1994),                
          which required the taxpayer to forfeit his funds on deposit in a            
          variety of accounts, including certain IRA's.  See id.  Although            
          the taxpayer included the funds forfeited from his IRA's as gross           
          income in his tax return, he did not report in that return that             
          he was liable for the early withdrawal tax with respect to those            
          funds.  See id.  We held on the record presented to us in Murillo           
          that Larotonda v. Commissioner, supra, was controlling.  We                 
          indicated in Murillo that                                                   
               the decree of forfeiture not only triggered but was                    
               itself the event which constituted the IRA withdrawals.                
               * * * Moreover, * * * petitioner herein neither re-                    
               ceived nor had control of the use of the IRA distribu-                 
               tions. * * *                                                           
          Id.  Consequently, we held in Murillo that the taxpayer was not             
          liable for the early withdrawal tax.  See id.                               
               In Larotonda v. Commissioner, supra, the Commissioner's levy           
          triggered the taxable event without any active participation by             
          the taxpayer, and we were concerned that Congress did not intend            
          the additional tax under former section 72(m)(5) to apply to such           
          a situation.  In Murillo v. Commissioner, supra, the decree of              
          forfeiture that forfeited to the United States, inter alia, the             
          taxpayer's IRA accounts "not only triggered but was itself the              
          event which constituted the IRA withdrawals."  In contrast, in              
          the present case, the IRA distributions were not made without any           





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