- 4 - also maintained the Pension System, another qualified defined benefit plan under section 401(a), and the trust maintained under that plan is also tax exempt under section 501(a). Sometime in early 1991 Mr. Mitchell became interested in transferring from the Retirement System to the Pension System. He contacted the Maryland State Retirement and Pension Systems requesting an estimate of the amount of a refund he would receive upon such a transfer. The letter he received in response to his request, dated April 25, 1991, informed Mr. Mitchell that the estimated transfer refund would be $666,191.28. The letter noted that this refund would be “subject to taxation when received”. The letter further stated that the Internal Revenue Service had ruled that the transfer refund was not eligible for a rollover into another eligible retirement plan either as a partial distribution or as a lump sum distribution. In addition, the letter advised Mr. Mitchell that he should review the tax consequences of receiving the transfer refund with his tax adviser or with the Internal Revenue Service. Petitioner did not see this letter. On May 23, 1991, Mr. Mitchell elected to transfer from the Retirement System to the Pension System. As a result, he received a transfer refund distribution in the form of two checks, dated June 30, 1991, totaling $666,564.51. He initially deposited these checks into a bank and later invested thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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