Dennis W. Farley, Jr. and Janice J. Farley - Page 7

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          joint lives (or joint life expectancies) of such employee and his           
          designated beneficiary.”  Sec. 72(t)(2)(A)(iv).  Petitioners must           
          prove they are not liable for the 10-percent additional tax.                
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).5                 
               Section 72(t)(2)(A)(iv) does not provide how to determine or           
          calculate a series of substantially equal periodic payments to              
          qualify for the exception.  However, the IRS has provided three             
          permissible methods for calculating such a series.  IRS Notice              
          89-25, Q&A-12, 1989-1 C.B. 662, 666.  Petitioner chose the second           
          of the three methods, known as the fixed amortization method.               
          Rev. Rul. 2002-62, 2002-42 I.R.B. 710.  The fixed amortization              
          method involves amortizing a taxpayer’s IRA account balance over            
          the account owner’s life expectancy at an interest rate that does           
          not exceed a reasonable rate of interest on the date that                   
          payments commence.  IRS Notice 89-25, Q&A-12, 1989-1 C.B. supra             
          at 666.  The parties agree that the fixed amortization method               
          provided in IRS Notice 89-25 is a permissible way to calculate a            
          series of substantially equal periodic payments.6                           

               5    Sec. 7491, under certain circumstances, places the                
          burden of proof on respondent with respect to a taxpayer’s                  
          liability for taxes in court proceedings arising in connection              
          with examinations commencing after July 22, 1998.  In this case,            
          the examination of petitioners’ returns commenced before the                
          effective date; therefore, the burden remains with petitioners.             
               6    Although the Court is not bound by IRS Notice 89-25,              
          1989-1 C.B. 662, its methodology will be applied based on the               
                                                             (continued...)           





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