- 3 - Petitioner then requested and received from the plan a total distribution of the balance in his account in the amount of $55,555. At the time of the plan distribution, petitioner was 53 years old. Petitioner did not roll over the $55,555 proceeds of the distribution into an individual retirement account or into another qualified retirement plan. Petitioners used approximately $15,000 to $20,000 from the plan distribution in order to complete the remodeling of their home. Later in 1999, petitioners sold their home for approximately $199,000. At the time of this sale, petitioners apparently owed approximately $188,000 on a home mortgage. After selling their home, petitioners purchased another home for a purchase price of approximately $132,000. Sometime in 1999, petitioner Marilyn R. Milner had a heart attack and thereafter was unable to work. In January of 2001, petitioner Marilyn R. Milner applied for Social Security disability benefits relating to the heart attack. Her application, at the time of trial, was still pending. On March 21, 2000, petitioners timely filed their 1999 joint Federal income tax return on which they reported as taxable income the $55,555 distribution that petitioner received from the plan but on which petitioners did not report a 10-percentPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011