- 5 - Pursuant to section 408(d)(3), a distribution to the individual for whose benefit an IRA is maintained is excluded from gross income if the entire amount is paid into an IRA, an individual retirement annuity, or an eligible retirement plan for the benefit of the same individual within 60 days. Petitioner concedes that he knew that there is a 60-day requirement to make a nontaxable rollover. Petitioner testified that his intent, however, was not to roll over the distribution. Petitioner wanted to transfer the distribution into a type of retirement investment that would permit him to take the funds out as a loan and not as a taxable distribution. Regardless of petitioner’s intent, the distribution is treated as income unless it complies with the 60-day rollover requirement under section 408(d)(3)(A) or with another exception enumerated under section 408(d). It was approximately 5 months from petitioner’s receipt of the distribution before he deposited $41,000 of the original $50,000 distribution into an IRA. The distribution is income because petitioner did not make a rollover into an IRA of any of the distribution within the 60-day period required by section 408(d)(3)(A), and no other exceptions apply. Moreover, the distribution is subject to a 10-percent additional tax under section 72(t)(1) for early withdrawal since petitioner stipulated that none of the exceptions under section 72(t)(2) applies.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007