- 10 - We distinguished Wood v. Commissioner, supra, on the ground that it involved procedural defects in the execution of a rollover. Schoof v. Commissioner, 110 T.C. at 11. The evidence in the record indicates that Ms. Koble and the bank felt that they had mistakenly characterized the transactions and that they were attempting to correct their mistake. This was not the only mistake or defect in the rollover or transfer, nor was this defect corrected in a timely manner. The parties stipulated that, as of March 12, 2002, the funds withdrawn from the IRA on August 28, 1998, remained in the AEL nonqualified annuity. A fundamental requirement for a rollover contribution under section 408(d)(3) or a trustee-to-trustee transfer under Rev. Rul. 78-406, supra, is that funds actually be rolled over or transferred into an IRA or other qualified plan. We believe that failure of this fundamental requirement extends beyond the procedural error in Wood v. Commissioner, supra, which was cured by substantial compliance and the fulfilment of the remaining requirements of the statue. Thus, like the situation in Schoof v. Commissioner, supra, we find that the failure to roll over or transfer the funds to an IRA or other qualified plan is fatal to petitioner’s case.8 Accordingly, we hold that the $39,295.08 is includable in petitioner’s 1998 gross income. 8Again, we note that the parties stipulated that at the time this case was submitted the funds remained in the nonqualified annuity.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011