- 6 - provides that MAGI means adjusted gross income determined without regard to certain amounts, none of which pertain to a distribution of IRA funds. Petitioners argue, however, that the IRA distribution should not be included in their MAGI because they did not physically receive any funds. Petitioners’ gross income includes all amounts received or constructively received as a distribution from an IRA. See secs. 408(d), 72, 61; Larotonda v. Commissioner, 89 T.C. 287, 291 (1987); see also Amos v. Commissioner, 47 T.C. 65, 70 (1966). The nature of that income is not altered for purposes of computing adjusted gross income, section 62(a), or modified adjusted gross income, section 32(c)(5), simply because it was deemed constructively received. 3. Respondent’s Allocation of the Entire Proceeds to the Section 6672(a) Liability Petitioners contend that respondent should have allocated 10 percent of the proceeds of the levy to petitioners’ 1997 tax liability. The underpinnings of this argument lie in section 3405(b), which provides that the payor of any nonperiodic distribution shall withhold 10 percent of such distribution. Dean Witter, the payor, did not withhold any amounts from the distribution pursuant to the levy on petitioner-husband’s IRA. Petitioners argue that respondent knew that Dean Witter failed to withhold this amount, and, therefore, it was respondent’sPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011