Anthony J. and Denise D. Sadberry - Page 16

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          liability for the 10-percent penalty.  They claim detrimental               
          reliance in that had they known they would owe such tax,                    
          petitioner would have paid off the pledge to Georgetown                     
          University Law Center in full in 1999, and, in so doing,                    
          petitioners could have taken an itemized charitable contribution            
          deduction for the $25,000 gift to Georgetown.  Instead, they                
          claimed the standard deduction on their 1999 return and lost the            
          tax benefits of a charitable contribution they could have                   
          realized.                                                                   
               A more complete reading of the applicable instructions                 
          undercuts petitioners’ argument.  The instructions clearly state            
          that they apply to rollovers from one qualified plan to another             
          qualified plan.14  Petitioners’ SFB and Glenbrook nonqualified              

               14   The instructions read, in pertinent part:                         
                    Rollovers                                                         
                    A rollover is a tax-free distribution of cash or other            
               assets from one retirement plan that is contributed to                 
               another plan.  Use lines 16a and 16b to report a rollover,             
               including a direct rollover, from one qualified employer’s             
               plan to another or to an IRA or SEP.                                   
                    Enter on line 16a the total distribution before income            
               tax or other deductions were withheld.  This amount should             
               be shown in box 1 of Form 1099-R.  From the total on line              
               16a, subtract any contributions (usually shown in box 5)               
               that were taxable to you when made.  From that result,                 
               subtract the amount that was rolled over either directly or            
               within 60 days of receiving the distribution.  Enter the               
               remaining amount, even if zero, on line 16b.  Also, put                
               “Rollover” next to line 16b.                                           
                                                             (continued...)           





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