Richard Edwin and Eva Ruth Elder - Page 3




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               because the taxpayer qualifies as a first-time                         
               homebuyer under section 408A(d)(2).                                    
               Respondent examined petitioners’ 2003 Federal income tax               
          return and issued a notice of proposed adjustments, commonly                
          referred to as a 30-day letter, in August 2005.  Respondent                 
          proposed to include the distributions in gross income and impose            
          a 10-percent early withdrawal penalty.  The 30-day letter states            
          in part:  “Our records indicate that the full taxable amount of             
          your retirement distribution(s) as shown on Form 1099R was not              
          reported on your tax return.  Please complete and return a Form             
          8606, Nondeductible IRAs, as verification of the taxable amount             
          of the distribution(s).”                                                    
               Petitioners disagreed with the proposed adjustments and                
          indicated that they would provide respondent with Forms 8606,               
          Nondeductible IRAs.  As is relevant here, Form 8606 asks                    
          taxpayers to provide the total distributions from Roth IRAs,                
          including distributions for qualified first-time homebuyer                  
          expenses.  The taxpayer then subtracts from this amount his basis           
          in his Roth IRA contributions and his qualified first-time                  
          homebuyer expenses.  Form 8606 indicates that the remainder, if             
          any, is the amount of taxable Roth IRA distributions.                       
               In their response to the 30-day letter, petitioners stated             
          that they were moving and that some of their records were in                
          storage.  Petitioners also questioned the need to provide basis             
          information for their Roth IRA contributions.  Petitioners                  






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