- 7 - over into any other qualified plan within the 60-day grace period allowed by section 402(c).1 On August 27, 1999, Ms. Seidel signed cashier’s checks as follows: Check No. Payee Amount 2016074195 Lee Seidel $10,000.00 2016074191 First Community Financial Services 1$24,159.66 2016074192 First Community Financial Services 1$6,847.46 1These check payments made to First Community Financial Services were made to pay off the principal balance of a second mortgage on petitioner’s house, which was a liability assumed during petitioner and Ms. Seidel’s marriage, and as such was a joint liability, and to pay off another unspecified joint liability. However, Ms. Seidel reported only $30,030 of the $77,000 pension distribution on her 1999 Federal income tax return. This amount represents one-half of the net distribution from petitioner’s CWSC 401(k) plan. In the notice of deficiency mailed to Ms. Seidel respondent determined that she failed to report the additional $46,970 distribution from New York Life from petitioner’s CWSC 401(k) plan. 1Although a qualified pension plan is exempt from taxation under sec. 501(a), any amounts actually distributed from such a plan generally must be included in the distributee’s gross income. Sec. 402(a). In order to avoid the tax consequence of a plan distribution, the distributee may “roll over” the amount of the distribution into another eligible plan within 60 days. Sec. 402(c).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011