James Joseph Timmerman - Page 4




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          with tax implications and a JP Morgan election form.  Petitioner            
          failed to respond to this correspondence because “I was working             
          to settle my brother’s estate. * * * And I made no choice at that           
          time.”                                                                      
               At the time of Martin’s death, the balance in the plan was             
          $69,473.55.  Martin died at the age of 52 years, prior to the               
          commencement of any distributions from the plan.  Petitioner                
          received a check dated December 23, 1998, from the Chase                    
          Manhattan Bank for $70,194.88, reflecting the total net                     
          distribution of his brother’s plan.1  The check was payable to              
          “James J. Timmerman”, individually.  On or about February 5,                
          1999, petitioner contributed the total net distribution from the            
          plan into an account at Charles Schwab & Co. originally titled              
          “Martin C. Timmerman in Trust for James Timmerman”.  Petitioner             
          made a second contribution of $7,799.43 on or about February 5,             
          1999, from his own funds to “keep the account intact”.  According           
          to petitioner, Martin opened this account for the benefit of                
          petitioner in 1995, and after the February 5, 1999,                         
          contributions, the account was retitled the “James J Timmerman              
          Beneficiary Charles Schwab & Co. Cust Inherited IRA” (Inherited             
          IRA).                                                                       
               At trial, petitioner provided a document entitled “Death               


               1    The total gross distribution from the plan was                    
          $77,994.31 less $7,799.43 withheld for Federal income tax.                  






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