Lawrence K. Mudd - Page 6

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          had not been cashed, First National remitted the amount of the              
          cashier’s check to the State of Illinois Unclaimed Property                 
          Division.                                                                   
               Three of the letters that First National sent to petitioner,           
          detailed above, were mailed to petitioner by certified mail with            
          a return receipt.  One of these receipts was signed by                      
          petitioner’s son, and two (including the receipt for the letter             
          with the $1,582.58 check) were signed by Mrs. Mudd.  Petitioner             
          never received either of the checks that First National mailed to           
          him.                                                                        
               For the year 1995, First National issued petitioner a Form             
          1099-R, Distributions From Pensions, Annuities, Retirement or               
          Profit-Sharing Plans, IRAs, Insurance Contracts, etc.  This form            
          reflected a distribution to petitioner of $34,107.58.  The                  
          distribution amount included the $32,500 which First National had           
          previously transferred at petitioner’s request, as well as the              
          $1,582.58 check which First National mailed to petitioner upon              
          closing his account.2                                                       
               As a general rule, amounts paid or distributed out of                  
          individual retirement plans, including IRAs, are included in                
          gross income when received by the payee or distributee under the            



          2The source of the $25 discrepancy between the sum of these                 
          two amounts and the amount reported on the Form 1099 is not clear           
          from the record.                                                            




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