Edward Kenneth Metcalf - Page 5




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            the distribution within 60 days.  Neither the Code nor the                                  
            regulations provide relief from taxation of the amount                                      
            distributed to petitioner from an IRA but not timely rolled over.                           
            See Wood v. Commissioner, 93 T.C. 114, 119 (1989).  Although we                             
            are sympathetic to petitioner’s plight, we hold that the IRA                                
            distribution to petitioner in 1996 is includable in his 1996                                
            income.  Accordingly, petitioner’s claim for overpayment is                                 
            denied.                                                                                     
                  In reaching all of our holdings herein, we have considered                            
            all arguments made by the parties, and to the extent not                                    
            mentioned above, we find them to be irrelevant or without merit.                            
                  To reflect the foregoing,                                                             
                                                             Decision will be entered                   
                                                       finding no deficiency or                         
                                                       overpayment.                                     






















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Last modified: May 25, 2011