J. Kelly and Martha L. Anderson - Page 7




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          erroneously credited the transfer of the IRA funds to a non-IRA             
          account.  Id. at 117.  The Court held that Merrill Lynch’s                  
          bookkeeping error did not disqualify the taxpayer’s transfer of             
          his IRA funds as a valid IRA rollover.  Id. at 122. The Court               
          stated that Congress did not intend “to deny rollover benefits to           
          taxpayers on the basis that a financial institution or other                
          qualified IRA trustee made a mistake in recording a transaction.”           
          Id. at 122.                                                                 
               We believe that the case of Wood is factually                          
          distinguishable from the instant case.  Whereas the taxpayer in             
          Wood established a valid IRA, Mr. Anderson never established, nor           
          instructed the bank officer to establish, a valid IRA (or trust)            
          account with Arlington in which the transferred IRA funds could             
          have been deposited.  Additionally, unlike Wood, which involved             
          “procedural defects in the execution of the rollover”, the case             
          here, as was true in Schoof v. Commissioner, supra at 11,                   
          “involves the failure of a fundamental element of the statutory             
          requirements for an IRA rollover contribution”.  Mr. Anderson’s             
          failure is that he never created an IRA trust in which the                  
          transferred funds could be placed.                                          
               Lastly, unlike the taxpayer in Wood, petitioners did not               
          exercise the necessary due diligence in creating an IRA account.            
          We note in this regard that Mr. Anderson is a business-minded,              
          college-educated man who we believe (on the basis of our                    






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