Jaime Pena and Verna Ann Pena - Page 3




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          made by petitioner as trustee of the plan.  In June 1987, on                
          petitioner’s behalf and at his direction, the plan invested                 
          $25,972.82 in corporate securities.  During 1990, the plan was              
          terminated and the proceeds of the Kidder account were                      
          transferred (rolled) into an individual retirement account at               
          Daking Securities Corporation (the IRA).  The IRA was established           
          for the benefit of petitioner, who as its custodian, directed how           
          IRA funds were to be invested.  Petitioners did not include any             
          of the proceeds rolled over from the Kidder account to the IRA in           
          their 1990 income.                                                          
               During 1996, petitioner, who was 49 years old as of the                
          close of that year, received distributions totaling $21,700 from            
          the IRA (the IRA distributions).  Petitioners did not include any           
          of the IRA distributions in the income they reported on their               
          1996 Federal income tax return, which includes a Schedule D,                
          Capital Gains and Losses.  Nothing on the return suggests that              
          any of the transactions listed on the Schedule D relate to                  
          investments of the plan or the IRA.                                         
               In the notice of deficiency, respondent determined that the            
          IRA distributions received by petitioner in 1996 are includable             
          in petitioners’ income for that year.  Other determinations made            
          in the notice of deficiency are not in dispute.                             









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