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1099-R because “This was to have been a trustee transfer to AEL
IRA Annuity, not a distribution for $39,295.08”. The bank also
changed the distribution code to “Trustee Transfer”. The parties
agree that Ms. Koble would have testified that the corrected Form
1099-R was sent to petitioner in April 2001 and should have been,
but apparently was not, sent to respondent in April 2001. The
parties also agree that Ms. Koble would have further testified
that the bank sent the corrected Form 1099-R to respondent on
February 7, 2002. Respondent has been unable to verify through
his record-keeping system that the corrected Form 1099-R was sent
by Ms. Koble on February 7, 2002.
As of March 12, 2002, the transferred funds from
petitioner’s IRA remained in the AEL nonqualified annuity. On
March 18, 2002, the Court granted the parties’ joint motion to
submit this case fully stipulated under Rule 122. The record
does not contain evidence demonstrating that the funds withdrawn
from the IRA on August 28, 1998, and transferred to the
nonqualified annuity that same day, have been transferred to an
IRA or other qualified plan.
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Last modified: May 25, 2011