Andrew J. Eberly and Ruthanne E. Eberly - Page 3

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               Respondent determined a $36,859 deficiency in petitioners’             
          2000 Federal income tax.                                                    
               The issue for decision is whether a distribution                       
          constructively received in 2000 by Andrew J. Eberly (petitioner)            
          from his father’s estate is includable in petitioners’ income for           
          that year as income in respect of a decedent within the meaning             
          of section 691(a).                                                          
          Background                                                                  
               Some of the facts have been stipulated and are so found.  At           
          the time the petition was filed, petitioners resided in Colbert,            
          Washington.                                                                 
               Petitioner’s father, William S. Eberly (decedent), was born            
          on November 9, 1925, and died on February 28, 2000.  He was                 
          survived by three sons, one of whom is petitioner.  At the time             
          of his death, decedent was a participant in the Central                     
          Washington University (CWU) Retirement Plan (the CWU retirement             
          plan), a qualified plan within the meaning of section 403(b)(1).            
          The CWU retirement plan provides, in relevant part, that the                
          minimum distributions from the plan must begin no later than                
          April 1 of the calendar year following the calendar year in which           
          the participant attains the age 70-1/2, or, if later, April 1               
          following the calendar year in which the participant retires from           
          CWU.   Decedent retired from CWU on December 16, 1999.  Given his           







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