Michael J. Barkley - Page 11

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          lump sum distribution” less the “minimum distribution allowance.”           
          Sec. 402(d)(1)(B).                                                          
               In order to qualify for forward averaging under section                
          402(d)(1), the distribution must be a lump-sum distribution                 
          within the meaning of section 402(d)(4)(A), and the recipient               
          must satisfy the requirements of section 402(d)(4)(B).  Section             
          402(d)(4) defines lump-sum distribution, in pertinent part, as              
          follows:                                                                    
                    (A) Lump sum distribution.-–For purposes of this                  
               section and section 403, the term “lump sum                            
               distribution” means the distribution or payment within                 
               1 taxable year of the recipient of the balance to the                  
               credit of an employee which becomes payable to the                     
               recipient--                                                            
                         (i) on account of the employee’s death,                      
                         (ii) after the employee attains age 59�,                     
                         (iii) on account of the employee’s separation                
                    from the service, or                                              
                         (iv) after the employee has become disabled                  
                    (within the meaning of section 72(m)(7)),                         
               from a trust which forms a part of a plan described in                 
               section 401(a) and which is exempt from tax under                      
               section 501 or from a plan described in section 403(a).                
               Clause (iii) of this subparagraph shall be applied only                
               with respect to an individual who is an employee                       
               without regard to section 401(c)(1), and clause (iv)                   
               shall be applied only with respect to an employee                      
               within the meaning of section 401(c)(1).  * * *                        
          Section 402(d)(4)(B) provides that the separate tax authorized              
          by section 402(d)(1)(A) shall apply to a lump-sum distribution              
          with respect to an employee only if the amount is received on or            






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Last modified: May 25, 2011