Richard B. Crow - Page 8




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          mistake and, assuming a mistake was made, whether petitioner took           
          the necessary steps to correct the mistake and transfer the funds           
          to an IRA or other qualified plan.7                                         
               In Wood v. Commissioner, 93 T.C. 114 (1989), we discussed              
          the effect of a bookkeeping error committed by a financial                  
          institution during the process of rolling over funds into an IRA.           
          In that case, the taxpayer received a distribution of cash and              
          stock from a profit-sharing plan and then established an IRA.               
          The taxpayer was aware that his distribution was required to be             
          rolled over into an IRA within 60 days of receipt.  Acting with             
          this knowledge, the taxpayer did everything he could reasonably             
          be expected to do in order to roll over his lump-sum distribution           
          as required by law.  For example, the taxpayer met with an IRA              
          trustee, instructed the IRA trustee to open the IRA, and                    
          transferred the entire distribution to the IRA trustee for                  
          deposit in his IRA.  The IRA trustee assured the taxpayer that              
          the taxpayer’s request would be carried out.                                
               However, because of a bookkeeping error by the IRA trustee,            
          certain of the trustee’s records indicated that part of the                 
          distribution had not been transferred to the IRA within the                 
          requisite 60-day period.  Approximately 4 months after the                  



               7Respondent states that he did not assert the 10-percent               
          additional tax on amounts received from a qualified retirement              
          plan under sec. 72(t) because petitioner was over the age of 59             
          1/2 at the time his IRA was closed.                                         





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