- 6 - Neither the Internal Revenue Code nor the applicable regulations provide specific guidance on whether an amount is considered to have been “paid or distributed out of an individual retirement plan” in the circumstances here. If, on petitioner’s instructions, Pershing had paid the $40,000 to S.K. for its stock, there simply would have been an investment in an asset of the IRA, and there would have been no question whether there had been a distribution to petitioner. Similarly, if Pershing had delivered the check to a broker who had purchased the shares for petitioner’s IRA account, there would have been no distribution. The broker would have been Pershing’s agent. The question then is whether, when Pershing delivered the check made out to S.K. to petitioner, who in turn delivered it to S.K. to purchase the stock for the IRA account, there was a distribution to petitioner. We point out that the question does not involve whether there was a nontaxable rollover of the IRA assets within the period specified by section 408(d)(3). In Diamond v. Commissioner, 56 T.C. 530, 541 (1971), affd. 492 F.2d 286 (7th Cir. 1974), we noted: “We accept as sound law the rule that a taxpayer need not treat as income moneys which he did not receive under a claim of right, which were not his to keep, and which he was required to transmit to someone else as a mere conduit.”Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011