William H. and Sandra G. Flank - Page 8

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               Generally, any amount “paid or distributed out of” an IRA is           
          includable in gross income by the taxpayer in the manner provided           
          under section 72.  Sec. 408(d)(1).  Pursuant to section                     
          408(d)(4), this general rule does not apply to the distribution             
          of any contribution paid during a taxable year to an IRA if:                
                    (A) such distribution is received on or before the                
               day prescribed by law (including extensions of time)                   
               for filing such individual’s return for such taxable                   
               year,                                                                  
                    (B) no deduction is allowed under section 219 with                
               respect to such contribution, and                                      
                    (C) such distribution is accompanied by the amount                
               of net income attributable to such contribution.                       
               In May of 2002, petitioner contributed $3,500 into a classic           
          IRA.  In December of 2002, petitioner received a distribution of            
          $10,487.86 from the classic IRA, which included the $3,500 IRA              
          contribution that he made in May of 2002 plus any net income                
          attributable to the contribution.  Petitioner is not allowed an             
          IRA contribution deduction under section 219 because petitioners’           
          modified AGI exceeded the phaseout amount.                                  
               The Court finds that $3,500 of the distribution meets all of           
          the requirements under section 408(d)(4).  Accordingly, $3,500 of           
          the distribution is not includable in gross income.                         
          Computation of Petitioners’ Tax Liability                                   
               Petitioner also argues that respondent has rounded up or               
          rounded down the amounts for the proposed adjustments to the                
          return to prejudicially favor the IRS.  While this argument has             





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