Ray C. and Bernadette B. Baas - Page 2




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          an individual retirement account (IRA) of petitioner Ray C. Baas            
          (petitioner).2  Petitioners resided in Metairie, Louisiana, at              
          the time the petition was filed.                                            
               The applicable facts may be summarized as follows.3                    
          Petitioner maintained an IRA with Jackson National Life Insurance           
          Co.  Petitioner was indebted to his former wife for alimony and             
          child support arrearages of $37,560.  In September 1993, the                
          Domestic Relations Court held petitioner in contempt and ordered            
          that he be incarcerated for 30 days, suspending the period of               
          incarceration if petitioner paid $10,000.  Petitioner did not pay           
          the $10,000, but the day of reckoning eventually came.  On                  
          January 24, 1995, another hearing was held, and petitioner was              
          immediately incarcerated for contempt.  While incarcerated                  
          petitioner had a revelation and decided that his condition had to           
          improve.  In order to satisfy the $10,000 child support and                 
          alimony arrearages petitioner withdrew $11,7514 from his IRA and            
          satisfied the court order.                                                  
               Petitioners reported the $11,751 distribution on their joint           
          1995 Federal income tax return.  They, however, did not pay the             



               2   Unless otherwise indicated, section references are to              
          the Internal Revenue Code in effect for the year in issue.                  
               3  The facts are not in dispute, and the issue is primarily            
          one of law.  Sec. 7491, concerning burden of proof, has no                  
          bearing on this issue.                                                      
               4  All amounts are rounded to the nearest dollar.                      





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