- 3 - Petitioners’ legal residence at the time the petition was filed was Albuquerque, New Mexico. Dennis W. Farley, Jr. (petitioner) was born December 25, 1942. In January 1994, he retired from United Missouri Bank in Kansas City, where he had been employed for more than 31 years.3 At the time of his retirement, petitioner was 52 years of age. Upon retirement, petitioner received lump-sum distributions from qualified pension and profit-sharing accounts totaling $274,610. These funds were timely rolled over into self-directed individual retirement accounts (IRA accounts) pursuant to section 402(c). During 1995, petitioner commenced receiving periodic distributions from his IRA accounts. Petitioner calculated the amount of his periodic distributions by first calculating an amortized growth rate of his IRA accounts based on a life expectancy of 30.4 years. After determining the projected growth of the accounts over this period, petitioner concluded he could withdraw (or receive distributions) from his accounts of $80,040 annually. He rounded 3 Paragraph 4 of the stipulation states that petitioner retired from United Missouri Bank in 1995. However, petitioner testified that the actual date was Jan. 1994. The Court is not bound by a stipulation of fact that appears contrary to the facts disclosed by the record. Rule 91(e); Blohm v. Commissioner, 994 F.2d 1542, 1553 (11th Cir. 1993), affg. T.C. Memo. 1991-636; Estate of Eddy v. Commissioner, 115 T.C. 135 (2000). The difference in the dates is not material to the issue in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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