- 12 - 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 hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011