- 7 - to a distribution from an individual retirement plan, a distribution from a section 401(k) plan will not qualify for the first home purchase exception. TESPHE is a defined contribution pension plan qualified under sections 401(a) and (k). TESPHE is not an individual retirement plan as defined in section 7701(a)(37). Therefore, the $50,674 TESPHE distribution to petitioner is not subject to the first home purchase exception in section 72(t)(2)(F).6 Petitioner’s Basis in the Distribution Petitioner alternatively contends that he had a basis in the 1999 distribution from his TESPHE account equal to the total amount of his previously made loan repayments. In this regard, petitioner relies on the fact that he made these repayments with after-tax dollars. Preretirement distributions from a qualified retirement plan are treated as nonannuity distributions. See sec. 72(e)(1). If the distribution is received before retirement, only amounts allocable to the “investment in the contract” (i.e., basis) are 6 Petitioner also fails to qualify as a “first-time homebuyer” within the definition of sec. 72(t)(8)(D)(i)(I). Petitioner, as well as his then wife, had an ownership interest in the Michigan residence in 1999. Petitioner began construction on his Georgia residence in 1999. Thus, petitioner had an ownership interest in the Michigan residence within the 2-year period ending on the date he acquired his Georgia residence. See sec. 72(t)(8)(D). See also sec. 72(t)(8)(B), which limits the amount of distributions treated as first-time homebuyer distributions to $10,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011