Charles M. Rideaux - Page 9

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          was due to total and permanent disability.  The Court finds that,           
          despite the distribution classification on the Form 1099-R,                 
          petitioner has provided sufficient evidence to show that he was             
          disabled at the time of the distribution.                                   
               Prior to petitioner’s knee injury, his position as a boiler            
          mechanic at the power plant required him, with assistance from              
          his coworkers, to repeatedly lift heavy objects and to be on his            
          knees for certain tasks, such as welding on a platform.                     
          According to the medical evaluations from petitioner’s physicians           
          during 2003, petitioner experienced pain whenever he moved or               
          shifted weight onto his left knee.  As a result, petitioner was             
          unable to return to work, because he could not lift heavy                   
          objects.  Even had petitioner not retired, the evidence shows               
          that petitioner’s injuries were such that he could no longer                
          perform his job.  See Brown v. Commissioner, T.C. Memo. 1996-421            
          (finding that petitioner was “disabled” since he could not climb            
          ladders, or otherwise lift heavy objects, or “walk beams”,                  
          because his position as a project engineer required him to be               
          substantially mobile and physically fit).                                   
               The term “indefinite” under section 72(m)(7) means that it             
          cannot reasonably be anticipated that the impairment will, in the           
          foreseeable future, be so diminished as no longer to prevent                
          substantial gainful activity.  Sec. 1.72-17A(f)(3), Income Tax              
          Regs.  For example, an individual who suffers a bone fracture               






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