-5- (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 Petitioner did not within this 60-day period pay into the second IRA any of the $118,000 withdrawn from the first IRA. 4 Petitioner also cites Irwin v. VA, 498 U.S. 89 (1990), and notes that Irwin concerned equitable tolling.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011