- 6 - redesignated the IRA as her own. She did not need to “redesignate” the IRA. The IRA was her previously existing account. We therefore find no merit to petitioner’s argument that the rolled over funds retain their character because she did not redesignate her IRA. Petitioner rolled over the entire amount received from her deceased husband’s IRA into her own IRA. Petitioner is and was the sole owner of her separately created IRA. The distribution petitioner received was not occasioned by the death of her deceased husband nor made to her in her capacity as beneficiary of his IRA. Petitioner cannot have it both ways. She cannot choose to roll the funds over into her own IRA and then later withdraw funds from her IRA without additional tax liability because the funds were originally from her deceased husband’s IRA. Accordingly, once petitioner chose to roll the funds over into her own IRA, she lost the ability to qualify for the exception from the 10-percent additional tax on early distributions. The funds became petitioner’s own and were no longer from her deceased husband’s IRA once petitioner rolled them over into her own IRA. The funds therefore no longer qualify for the exception. The section 72(t) tax discourages premature IRA distributions that frustrate the intention of saving for retirement. Dwyer v. Commissioner, 106 T.C. 337, 340 (1996); see also S. Rept. 93-383, at 134 (1974), 1974-3 C.B. (Supp.) 80, 213. To avoid the section 72(t) additional tax, petitioner must show that the IRA distribution falls within one of the exceptionsPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011