- 9 - petitioner received no cash. Lemishow, therefore, is not on point.5 Nor do we find any significance in the fact that S.K. did not immediately deliver the shares to Pershing. In this regard, we point out again that we are not dealing directly with the 60- day limitation on a rollover of a distribution under section 408(d)(3). Rather, we are concerned with whether the delayed transfer of the stock certificate alters our conclusion that there was no distribution from the IRA to petitioner. At all times, the IRA, not the petitioner, was the owner of the shares even though it may not have been in physical possession of the stock certificate. Furthermore, to the extent that this fact is relevant, the failure of S.K. to deliver the stock certificate would not invalidate the transaction. In Wood v. Commissioner, 93 T.C. 114 (1989), we held that a bookkeeping error by the trustee of an IRA, which resulted in a portion of a rollover distribution from another qualified plan not being credited to the IRA account within the applicable period, did not preclude the rollover. We noted that “a bookkeeping error does not alter the rights and responsibilities between parties to a transaction.” Id. at 121. While the question here is somewhat different, we believe that 5 Similarly, respondent’s reliance on Bunney v. Commissioner, 114 T.C. 259 (2000), and Darby v. Commissioner, 97 T.C. 51 (1991), is misplaced.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011