Mark F. Beneventi - Page 7




                                        - 6 -                                         
          supra note 5.7  See Grow v. Commissioner, supra; Harris v.                  
          Commissioner, T.C. Memo. 1994-22.  Therefore, we have no basis to           
          conclude that petitioner rolled over his MIC Plan distribution to           
          an eligible retirement plan so as to avoid the 10-percent                   
          additional tax imposed by section 72(t).                                    
               As previously stated, petitioner “[disagrees] with the laws            
          that disallow real estate investing as an acceptable retirement             
          plan in which to roll over ‘pension’ funds.”  However, petitioner           
          should understand that absent some constitutional defect, we are            
          constrained to apply the law as written, see Estate of Cowser v.            
          Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80            
          T.C. 783, 787-788 (1983), and that we may not rewrite the law               
          because we may “deem its effects susceptible of improvement”,               
          Commissioner v. Lundy, 516 U.S. 235, 252 (1996) (quoting                    
          Badaracco v. Commissioner, 464 U.S. 386, 398 (1984)).                       
          Accordingly, petitioner’s appeal for relief must, in this                   
          instance, be addressed to his elected representatives.  “The                
          proper place for a consideration of petitioner’s complaint is the           
          halls of Congress, not here.”  Hays Corp. v. Commissioner, 40               
          T.C. 436, 443 (1963), affd. 331 F.2d 422 (7th Cir. 1964).                   
               In view of the foregoing, we sustain respondent’s                      
          determination on the disputed issue.                                        


               7  Such an investment also does not satisfy the tax-free               
          rollover provisions of sec. 402(c)(5) and, therefore, is not a              
          tax-free rollover contribution.  Cf. sec. 408(d)(3).                        




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011