- 6 - Gross income includes all income from whatever source derived. Sec. 61(a). Section 61(b) specifically includes items included under section 72 (relating to annuities). Petitioner does not dispute that he received the money from Martin’s plan in 1998. Petitioner instead argues that the transfer of Martin’s plan into the Inherited IRA should not be characterized as a taxable distribution of Martin’s plan, but rather a tax exempt “trustee-to-trustee” transfer. The law is clear. Section 402(a) generally provides that any amount actually distributed to any distributee by any employees’ trust, such as Martin’s plan, shall be taxable to the distributee in the taxable year of the distributee in which distributed, under section 72. Section 402(c) provides that certain amounts paid to an employee from a qualified trust are considered “rollover” distributions, and thus excludable from income. Under section 402(c)(5), a transfer from a qualified plan to an eligible retirement plan, including an individual retirement account described in section 408(a) or individual retirement annuity described in section 408(b), shall be treated as a rollover contribution described in section 408(d)(3). However, section 408(d)(3)(C) specifically denies the rollover 2(...continued) production under sec. 7491(c) because the record shows that petitioner failed to include the income on his return. Higbee v. Commissioner, 116 T.C. 438 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011