-6- entitles petitioner to a refund of the excess withholding for 1992, 1993, and 1994. We disagree. Equitable recoupment does not apply here. “[A] claim of equitable recoupment will lie only where the Government has taxed a single transaction, item, or taxable event under two inconsistent theories.” United States v. Dalm, 494 U.S. 596, 605 n.5 (1990) (citing Rothensies v. Electric Storage Battery Co., supra). Here, respondent has not used inconsistent theories of taxation. Thus, equitable recoupment does not apply. C. Whether Petitioner Is Taxable on the IRA Distribution A distribution from an IRA is generally includable in income by the recipient in the year in which the distribution is received. See sec. 408(d)(1); Aronson v. Commissioner, 98 T.C. 283, 287 (1992). A distribution was made to respondent from petitioner's IRA in 1995. Petitioner contends that he is not taxable on the distribution because he did not receive the funds or benefit therefrom and because the distribution was involuntary. Petitioner also contends that respondent improperly levied his IRA because respondent caused the distribution from the account to be a lump-sum distribution and not a monthly annuity payment. We disagree. A taxpayer constructively receives an IRA distribution when his or her account is levied and is taxed on it even though the funds are paid to a third party. See LarotondaPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011