Richard Edwin and Eva Ruth Elder - Page 11




                                       - 11 -                                         
          expenses.  Sec. 72(t)(2)(F); sec. 1.408A-6, Q&A-1(b), Income Tax            
          Regs.                                                                       
               The Forms 1099-R do not list petitioners’ contributions to             
          their Roth IRAs and indicate that no known exception excluded the           
          distributions from gross income.  The 30-day letter, which was              
          issued in August 2005, asked petitioners to establish that the              
          distributions were nontaxable and to provide Forms 8606, which              
          petitioners agreed to do.  When petitioners failed to provide the           
          Forms 8606 by January 2006, respondent was substantially                    
          justified in issuing the notice of deficiency.  See Uddo v.                 
          Commissioner, T.C. Memo. 1998-276; sec. 301.7430-5(c)(1) and (h),           
          Example 1, Proced. & Admin. Regs.                                           
               Petitioners concede they had not yet provided the Forms 8606           
          when the notice was issued.  But they contend that other                    
          documents in respondent’s possession, such as prior years’ tax              
          returns and prior years’ Forms 5498, IRA Contribution                       
          Information,5 “showed that the distributions were qualified                 
          distributions, not income.”  Petitioners are incorrect.                     
               Section 6001 requires a taxpayer to maintain records that              
          are sufficient to enable the Commissioner to determine his or her           
          correct tax liability.  See also sec. 1.6001-1(a), Income Tax               


               5 A Form 5498, IRA Contribution Information, is issued by a            
          third party that maintains a Roth IRA for the taxpayer.  As its             
          name suggests, the Form 5498 shows the amount of contributions              
          the taxpayer made during the taxable year to the Roth IRA.                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 10, 2007