- 2 - nontaxable on his tax return. We hold it does. Unless otherwise indicated, section references are to applicable versions of the Internal Revenue Code. Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Many facts were stipulated, and we incorporate by this reference the parties’ stipulation of facts and the accompanying exhibits. Mr. Anderson and Martha L. Anderson (Mrs. Anderson) are husband and wife, and they filed a joint 1997 Federal income tax return. They resided in Fort Worth, Texas, when their petition was filed with the Court. Mr. Anderson was born in 1932 and holds a bachelor’s degree in commerce. In 1993, Mr. Anderson retired from General Dynamics. In June 1994, Mr. Anderson rolled over $217,847.83 of his funds in the General Dynamics Salaried Employee Plan to an IRA account with National Financial Services Corporation (NFSC). Before establishing the account with NFSC, an NFSC portfolio representative explained to Mr. Kelly the significance of an IRA, including its investment options. Mr. Kelly’s application for the account with NFSC stated at the top that it was an “IRA Account Application”. On June 2, 1997, Mr. Anderson closed his IRA account with NFSC by withdrawing the balance of $200,688.97; he closed thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011