Armando Vega - Page 6





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         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         actually withdrawn by him, it was not taxable.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-               






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