Robert Ancira - Page 5




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          transferred to Pershing, which was after the notice of deficiency             
          was issued, he contacted S.K. and had the certificate sent to                 
          him.  Petitioner then delivered the stock to Pershing, and the                
          stock was accepted by Pershing and placed in petitioner’s IRA                 
          account.                                                                      
               For petitioner’s 1998 Federal income tax year, Pershing                  
          issued petitioner a Form 1099-R, indicating that a $40,000                    
          distribution had been made to petitioner.  Petitioner did not                 
          report this $40,000 transaction on his 1998 Federal income tax                
          return.                                                                       
               Respondent determined that the check issued by Pershing on               
          September 14, 1998, constituted a distribution from the IRA to                
          petitioner and was includable in income under sections 408(d) and             
          72.  Respondent also imposed the section 72(t) 10-percent                     
          additional tax.                                                               
                                      Discussion                                        
               Section 408(d)(1) provides that “any amount paid or                      
          distributed out of an individual retirement plan shall be                     
          included in gross income by the * * * distributee * * * in the                
          manner provided under section 72.”  Respondent argues that                    
          petitioner’s completion of the distribution request form and the              
          resulting issuance of the $40,000 check constituted a                         
          distribution to petitioner under section 408(d)(1).                           








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