- 11 - defined in section 402(c)(8)(B)) within 60 days of receipt of the distributed property. Sec. 403(b)(8). Under section 402(c)(4)(C), an eligible rollover distribution specifically excludes any hardship distribution. Moreover, an early withdrawal from a section 403(b) annuity contract that does not meet the aforementioned distribution requirements is subject to an early withdrawal penalty of 10 percent of the portion of such amount that is includable in gross income.8 Sec. 72(t)(1). As relevant to this case, any amount that is received under an annuity contract on its complete surrender, which is not received as an annuity and is not subject to any other income tax law provision, shall be included in gross income to the extent it exceeds the investment in the contract. Sec. 72(e)(1)(A), (5)(A), (E)(ii). The investment in the contract is defined generally as the aggregate amount of premiums or other consideration paid for the contract less amounts previously received under the contract, to the extent such latter amounts were excludable from gross income. Sec. 72(e)(6). Petitioner contends that the distributions at issue are not includable in gross income because he rolled over the 8 An annuity contract under sec. 403(b) is a “qualified retirement plan” for purposes of sec. 72(t)(1). See sec. 4974(c)(3).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011