Richard B. Crow - Page 12




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          proving that he acted with reasonable cause and in good faith.              
          Higbee v. Commissioner, 116 T.C. 438, 446-448 (2001).                       
               The facts and circumstances of this case do not support                
          imposition of the accuracy-related penalty.  In response to                 
          petitioner’s inquiry, the bank issued a corrected Form 1099-R               
          reporting a gross distribution of $0 and a taxable distribution             
          of $0.  The bank prepared a “Retirement Account Correction                  
          Worksheet”, explaining that it issued the corrected Form 1099-R             
          because the transaction should have been a trustee transfer to an           
          AEL IRA.  Ms. Koble prepared and signed a new “Traditional IRA              
          Withdrawal Statement” which was intended to be retroactive to               
          August 1998, and it indicated that there should have been a                 
          trustee-to-trustee transfer of funds from petitioner’s IRA to an            
          AEL annuity.  The documents indicate that Ms. Koble and the bank            
          felt that they had mistakenly characterized the transactions and            
          that they were attempting to correct their mistake.                         
          Additionally, the parties agree that Ms. Koble would have                   
          testified that the bank should have sent a corrected Form 1099-R            
          to respondent after it prepared the corrected form and that the             
          bank did send a corrected Form 1099-R to respondent in February             
          2002.  Although the evidence in the record indicates that the               
          funds are still in the nonqualified annuity, we believe that                
          petitioner had reasonable cause and acted in good faith in not              
          reporting the distribution on his 1998 return on the basis of his           






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