- 5 - that respondent has satisfied respondent’s burden of production with respect to that penalty. We turn first to the two retirement plan distributions that petitioner received during 1998 and that he did not report as income for that year. It is petitioner’s position that he was not required to report those distributions as income for the year at issue because he timely transferred, or rolled over, those distributions into an eligible retirement plan.4 In support of his position, petitioner relies on his testimony and two exhib- its. We are unwilling to accept that evidence as establishing petitioner’s position regarding his retirement plan distribu- tions. Petitioner’s testimony was general, conclusory, vague, and uncorroborated. In this connection, petitioner could not even recall what happened to the $132,092.20 that he withdrew from petitioner’s American Savings Bank CD on April 6, 1998. As for the two exhibits on which petitioner relies, those exhibits show only that on March 3, 1998, petitioner purchased from the Bank a certificate of deposit in the amount of $131,555 and that on April 6, 1998, he withdrew that amount, as well as interest credited thereto. The record contains no evidence as to what 4Although not altogether clear, petitioner may be arguing that he rolled over only the $131,555 retirement plan distribu- tion and not the $42,704 retirement plan distribution. Because the record is not altogether clear on this point, we shall proceed on the assumption that both of those distributions are at issue in this case.Page: Previous 1 2 3 4 5 6 7 8 Next
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