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employee attains the age of 59-1/2; (2) made to a beneficiary (or
to the estate of the employee) on or after the death of the
employee; (3) attributable to the employee's being disabled
within the meaning of section 72(m)(7); (4) part of a series of
substantially equal periodic payments (not less frequently than
annually) made for the life (or life expectancy) of the employee
or joint lives (or joint life expectancies) of such employee and
his designated beneficiary; (5) made to an employee after
separation from service after attainment of age 55; or (6)
dividends paid with respect to stock of a corporation which are
described in section 404(k). Sec. 72(t)(2)(A). A limited
exclusion is also available for distributions made to an employee
for medical care expenses. See sec. 72(t)(2)(B).
Petitioner has the burden of proving his entitlement to any
of these exceptions.3 Bunney v. Commissioner, 114 T.C. 259, 265
(2000). Petitioner testified that he used the distributions to
reduce his debt. Although he reinvested some of the funds,
petitioner did not roll over any of the distributions into
another qualified retirement plan. Indeed, petitioner stated
that he no longer had any IRAs. The evidence shows that none of
3 Sec. 7491 is effective for court proceedings arising in
connection with examinations commencing after July 22, 1998.
Petitioner does not contend that sec. 7491 is applicable to his
case. Further, the resolution of this case does not depend on
which party has the burden of proof.
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