Andrew J. Eberly and Ruthanne E. Eberly - Page 6

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          the remaining 25 percent to be equally divided among three                  
          specifically identified charitable organizations.  The                      
          Designation of Beneficiary was received by TIAA-CREF on                     
          February 29, 2000.                                                          
               On February 28, 2000, TIAA-CREF was orally notified by CWU             
          of decedent’s death.1  Pursuant to the withdrawal request, on               
          March 3, 2000, TIAA-CREF electronically transferred $480,308 to             
          decedent’s bank account.  This amount included interest for the             
          3 days from the date the withdrawal request was received until              
          March 3, less $120,000 of Federal income tax withholdings.  For             
          the year 2000, TIAA-CREF issued to decedent a Form 1099-R,                  
          Distributions From Pensions, Annuities, Retirement or Profit-               
          Sharing Plans, IRAs, Insurance Contracts, etc., that reported the           
          gross amount and taxable amount of the distribution to decedent,            
          as well as the Federal tax withheld by TIAA-CREF on the                     
          distribution.                                                               
               Decedent’s last will and testament provided that the                   
          residuary of decedent’s estate was to be divided equally among              
          decedent’s three children.  The amount distributed by TIAA-CREF             
          to decedent on March 3, 2000, was divided among decedent’s three            
          children by the personal representative of decedent’s estate.  On           
          April 25, 2000, the personal representative issued three separate           

               1  As of that date, the balance of decedent’s TIAA-CREF                
          accumulated annuity fund was $953,996.  This balance does not               
          take into account decedent’s $600,000 withdrawal request.                   





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