- 7 - 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 ourPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011