- 16 - 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 anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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