Armando Vega - Page 5





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                   (A) General rule.-–If-–                                            
                        (i) any portion of the balance to the credit of an            
                   employee in a qualified trust is paid to him,                      
                        (ii) the employee transfers any portion of the                
                   property he receives in such distribution to an                    
                   eligible retirement plan, and                                      
                        (iii) in the case of a distribution of property               
                   other than money, the amount so transferred consists of            
                   the property distributed,                                          
              then such distribution (to the extent so transferred) shall             
              not be includible in gross income for the taxable year in               
              which paid.                                                             
              ****** *                                                                
                   (C) Transfer must be made within 60 days of receipt.-–             
              Subparagraph (A) shall not apply to any transfer of a                   
              distribution made after the 60th day following the day on               
              which the employee received the property distributed.                   
         The distribution from the retirement plan was received by                    
         petitioner on or about October 19, 1998.  Petitioner did not                 
         deposit the funds into an IRA, rather the funds were deposited               
         into a CMA.  Accordingly, the exemption of the distribution from             
         gross income contained in section 402(a)(5)(A) does not apply.               
              Petitioner’s argument seems based on an overly expansive                
         reading of our opinion in Wood v. Commissioner, 93 T.C. 114                  
         (1989).  Wood involved a distribution from a profit-sharing plan             
         where the taxpayer established an IRA within the 60-day period               
         and transferred the distribution to a trustee.  Because of a                 
         bookkeeping error by the trustee of the IRA, a portion of the                
         distribution was not credited to the IRA account within the 60-              






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