James Dirks - Page 11

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          acted reasonably and in good faith towards the subject matter of            
          the deficiency.  Petitioner notes that respondent has                       
          acknowledged through correspondence that petitioner aimed to meet           
          the 60-day rule but was thwarted from doing so.  In addition,               
          petitioner testified that he stapled to his 2000 tax return a               
          letter with three exhibits (collectively, letter) explaining that           
          he had received the Form 1099-R and the $118,000 referenced                 
          therein but that he was of the view that this amount was not                
          taxable because he had substantially complied with the 60-day               
          rule.  Petitioner testified that respondent’s service center                
          returned the letter to him on October 1, 2001, with                         
          correspondence.                                                             
               We disagree with petitioner’s argument that he acted                   
          reasonably and in good faith with respect to the subject matter             
          of the deficiency.  Petitioner is a seasoned attorney who filed             
          his 2000 tax return with the knowledge and understanding of the             
          relevant provisions of section 408.  The fact that he may have              
          intended earnestly to meet the 60-day rule did not excuse him               
          from not reporting the withdrawals as income when he failed to              
          meet that rule.  Nor do we believe that reasonableness and good             
          faith may be found in petitioner’s litigating position that he              
          substantially complied with the 60-day rule by paying the amount            
          of withdrawals into the second IRA contemporaneously with the               
          closing of his escrow.                                                      






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