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after the date on which the employee has attained age 59�, and
the taxpayer elects for the taxable year to have all such amounts
received during such taxable year so treated. Petitioner, the
employee in question, had not attained age 59� when he received
the 1998 distribution, and neither he nor Mrs. Barkley made the
election required by section 402(d)(4)(B)(ii).
Despite these hurdles, petitioner nevertheless maintains
that he is entitled to deduct one-half of the 1998 distribution
under section 402(d)(3). Section 402(d)(3) allows a taxpayer to
deduct from gross income “The total taxable amount of a lump sum
distribution for any taxable year * * *, but only to the extent
included in the taxpayer’s gross income for such taxable year.”
Petitioner argues that the deduction must be allowed because
section 402(d)(4)(E) provides that section 402(d), other than
section 402(d)(3), shall be applied without regard to community
property laws.
Petitioner cites no authority to support his interpretation
of section 402(d), and his argument is without merit for several
reasons. Section 402(d)(3) unambiguously provides that a
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