- 3 - Petitioner did not include the $5,582 distribution as income on his 1998 Form 1040EZ. In the notice of deficiency, respondent determined that the $5,582 distribution was includable in petitioner’s 1998 gross income. Discussion For a retirement plan to qualify under section 401(k), amounts held by the plan which are “attributable to employer contributions made pursuant to the employee’s election”3 are not distributable earlier than “separation from service, death, or disability, * * * the attainment of age 59�, or * * * hardship of the employee”. Sec. 401(k)(2)(B)(i). If a distribution to the employee is made, the amount actually distributed “shall be taxable to the distributee, in the taxable year of the distributee in which distributed, under section 72”. Sec. 402(a). Respondent levied on petitioner’s section 401(k) account, and the compliance with the levy constituted a distribution, albeit involuntary, from that account to the benefit of petitioner. See Larotonda v. Commissioner, 89 T.C. 287 (1987). Preretirement distributions from a qualified retirement plan are treated as nonannuity distributions. See sec. 72(e)(1). If 3 For purposes of sec. 401(k), “elective contributions * * * are treated as employer contributions.” Sec. 1.401(k)- 1(a)(4)(ii), Income Tax Regs.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011