James Dirks - Page 5

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          (1989), Am. Air Filter Co. v. Commissioner, 81 T.C. 709 (1983),             
          and Tipps v. Commissioner, 74 T.C. 458, 468 (1980).4  Petitioner            
          notes that section 408 was recently amended to provide that “The            
          Secretary may waive the [relevant] 60-day requirement * * * where           
          the failure to waive such requirement would be against equity or            
          good conscience, including casualty, disaster, or other events              
          beyond the reasonable control of the individual subject to such             
          requirement.”  Sec. 408(d)(3)(I) as added by the Economic Growth            
          and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16, sec.             
          644, 115 Stat. 123.                                                         
               We disagree with petitioner’s argument that the $118,000 is            
          excludable from his 2000 gross income.  Under section 408(d)(1),            
          distributions from an IRA are generally includable in the                   
          distributee’s gross income in the year of distribution.  Although           
          an exception to this general rule lies in certain cases where a             
          distribution is paid into another IRA, see sec. 408(d)(3)(A)(i),            
          this case is not one of those cases.  The exception requires that           
          the distributed funds be paid into another IRA within 60 days               
          after the distributee receives them.  Id.  Petitioner did not               
          within this 60-day period pay into the second IRA any of the                
          $118,000 withdrawn from the first IRA.                                      


               4 Petitioner also cites Irwin v. VA, 498 U.S. 89 (1990), and           
          notes that Irwin concerned equitable tolling.  In that petitioner           
          has made no claim of equitable tolling in this case, we do not              
          decide that issue.                                                          





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