Stephen R. Jones - Page 1

                                 T.C. Memo. 2000-219                                  

                               UNITED STATES TAX COURT                                

                           STEPHEN R. JONES, Petitioner v.                            
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 13203-99.                    Filed July 20, 2000.           

                    Petitioner (H) and his former wife (W) filed for                  
               divorce in 1992.  In April of 1994, H and W prepared a                 
               draft marital settlement agreement that required H to                  
               transfer his interest in his IRA to W.  In May of 1994,                
               H cashed out his IRA and later endorsed the                            
               distribution check over to W.  Shortly thereafter, H                   
               and W executed the marital settlement agreement.  Held:                
               the IRA distribution is not excludable from H’s income                 
               under sec. 408(d)(6), I.R.C. because the distribution                  
               did not constitute the transfer of H’s “interest” in                   
               his IRA.                                                               

               Philip Garrett Panitz and Ryan D. Schaap, for petitioner.              
               Mark A. Weiner, for respondent.                                        

Page:   1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011