Robert Ancira - Page 8




                                         - 8 -                                          
          funds which are subject to a taxpayer’s unfettered command and                
          which he is free to enjoy at his option are constructively                    
          received by him whether he sees fit to enjoy them or not.”  Id.               
          at 592.  Specifically, under Louisiana law, petitioner was not a              
          holder of and could not negotiate the check.  La. Rev. Stat. Ann.             
          secs. 10:1-201 (defining a holder); 10:3-201 (defining                        
          negotiation); 10:3-301 (defining an individual entitled to                    
          enforce an instrument) (West 1993).  Petitioner’s actions as a                
          conduit for the IRA trustee in these limited circumstances                    
          violated no prohibition regarding a taxpayer’s relationship to                
          his IRA and, therefore, did not result in a distribution.                     
               Respondent argues that this transaction is controlled by                 
          Lemishow v. Commissioner, 110 T.C. 110 (1998).  In Lemishow the               
          taxpayer made withdrawals from retirement accounts, invested the              
          distributions in stock, and contributed the stock to a new IRA.               
          We held that this transaction could not qualify as a tax-free                 
          rollover of qualified plan assets because the character of the                
          property transferred to the new IRA was different from the                    
          character of the property distributed to the taxpayer, and,                   
          therefore, under section 402(c)(1) the transaction did not                    
          qualify as a rollover.  Id. at 113.  But, in this case,                       











Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011