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Petitioner has not provided any documentary evidence to
substantiate her claim as to the origins of the IRA
distributions. During petitioner’s testimony she was unable to
identify or recall any specific transfers from her deceased
spouse’s section 401(k) plan into her IRA. Further, the
statutory provisions permitting the rollover of after-tax
contributions from a section 401(k) plan to an IRA was not
allowed until the Economic Growth and Tax Relief Reconciliation
Act of 2001, Pub. L. 107-16, 115 Stat. 123, was made effective on
January 1, 2002. The rollover in this case would have occurred
during 1999. Therefore, under the law in effect at that time,
petitioner could not have rolled over after-tax contributions
from a section 401(k) plan into her IRA. Thus, the total amount
of the IRA distributions, $11,400, made during taxable year 2000
by Educational Systems Employees Credit Union to petitioner is
required to be reported in petitioner’s 2000 gross income.
Respondent’s determination on this issue is sustained.
4(...continued)
“(A) such portion is transferred in a direct
trustee-to-trustee transfer to a qualified trust which
is part of a plan which is a defined contribution plan
and which agrees to separately account for amounts so
transferred, including separately accounting for the
portion of such distribution which is includible in
gross income and the portion of such distribution which
is not so includible, or
“(B) such portion is transferred to an eligible
retirement plan described in clause (i) or (ii) of
paragraph (8)(B).”.
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