- 7 - However, the return itself indicated that only $1,083.14 of the distribution was taxable. An attached schedule showed tax-free rollover treatment of $628,000 as invested in a qualified plan. At the time she signed the return, petitioner did not understand the tax consequences of the transfer refund distribution or the purpose of the rollover she was advised to effect. She did not ask why a relatively small amount of the entire distribution was taxable. She relied upon Mr. Browne, her tax adviser, in concluding that the amount of the distribution treated as taxable on the return was correct. When she signed the return, she was not aware that the treatment of the distribution thereon was incorrect. She was not aware that her failure to treat $629,083.14 of the distribution as taxable income would give rise to a deficiency. After signing the return, petitioner made expenditures from the various IRA accounts she had created with the proceeds of the distribution. Among other things, she made repairs and improvements to her residence; she paid down the mortgage; she paid her family’s medical bills; she made gifts to her children and her mother; and she paid off her children’s college loans and credit card balances for various family members. Her spending over the 3 years 1992 through 1994 totaled more than $441,000. She also established a trust for her children in the amount of $132,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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