- 7 - 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 hasPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011