- 4 - A Judgment of Dissolution of Marriage between petitioner and Ms. Jones was filed on January 5, 1995, terminating the marital status of petitioner and Ms. Jones as of December 24, 1994. Petitioner’s 1994 Federal income tax return, which he filed on July 15, 1996, did not report the $68,121 distribution from the Prudential IRA as income. Discussion Issue 1. Taxability of the IRA Distribution Section 408(d)(1) provides that any amount distributed from an IRA “shall be included in gross income by the payee or distributee, as the case may be, in the manner provided under section 72.” Petitioner contends that by endorsing his IRA distribution check to his spouse, whom he was divorcing, he complied with an exception to section 408(d)(1) contained in section 408(d)(6), which provides: (6) TRANSFER OF ACCOUNT INCIDENT TO DIVORCE.-- The transfer of an individual's interest in an individual retirement account or an individual retirement annuity to his spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) is not to be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest at the time of the transfer is to be treated as an individual retirement account of such spouse, and not of such individual. Thereafter such account or annuity for purposes of this subtitle is to be treated as maintained for the benefit of such spouse. As set forth, there are two requirements that must be met for the exception of section 408(d)(6) to apply: (1) There must be a transfer of the IRA participant's "interest" in the IRA toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011