- 5 - day period. This Court held that the bookkeeping error did not preclude the rollover. However, in Rodoni v. Commissioner, 105 T.C. 29, 38-39 (1995), we noted that Where the requirements of a statute relate to the substance or essence of the statute, they must be rigidly observed. On the other hand, if the requirements are procedural or directory in that they do not go to the essence of the thing to be done, but rather are given with a view to the orderly conduct of business, they may be fulfilled by substantial compliance. [Citations omitted.] See also Schoof v. Commissioner, 110 T.C. 1, 11 (1998); Reese v. Commissioner, T.C. Memo. 1997-346; Orgera v. Commissioner, T.C. Memo. 1995-575. There was no substantial compliance here. While petitioner maintained an IRA with Merrill Lynch, the distribution was not transferred to that account, and the monthly statement clearly shows that this was the fact. This was not a bookkeeping error on the part of Merrill Lynch. Furthermore, even if there were an error, that error quickly could have been remedied by petitioner when he received the monthly statement for either October or November. Petitioner, however, did not make any effort to remedy the alleged error. We sustain respondent’s determination. Unreported Interest Income Petitioner did not report $117 that was credited to his savings account by Hibernia National Bank during 1998. As we understand, petitioner contends that, since the money was not actually withdrawn by him, it was not taxable. Section 1.451-Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011