- 4 - Discussion4 Generally, a distribution from a qualified employees’ trust (including a profit sharing plan) is taxable to the distributee in the year of distribution under the provisions of section 72. Sec. 402(a); see sec. 401(a). Section 402(c) provides an exception to the general rule for qualified “rollovers” by the employee to “an eligible retirement plan” within 60 days of receipt.5 Sec. 402(c)(1), (3), (5). Section 72(t)(1) imposes an additional tax on distributions from a qualified retirement plan equal to 10-percent of the portion of such amount that is includable in gross income. For purposes of the 10-percent tax, a qualified retirement plan includes a profit sharing plan described under section 401(a). See sec. 4974(c)(1). Section 72(t)(2) exempts the following distributions from the additional tax if the distributions are made: (1) To an employee age 59-1/2 or older; (2) to a beneficiary (or to the estate of the employee) on or after the death of the employee; (3) on account of the employee being disabled; (4) as part of a 4 We need not decide whether sec. 7491, concerning burden of proof, applies to the present case because the facts are not in dispute and the issue is one of law. See Higbee v. Commissioner, 116 T.C. 438 (2001). 5 An “eligible retirement plan” is defined to include: (1) An individual retirement account described in sec. 408(a); (2) an individual retirement annuity described in sec. 408(b) (other than an endowment contract); (3) a qualified trust; and (4) an annuity plan described in sec. 403(a). Sec. 402(c)(8)(B).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011