Ramzy M. and Lena Kopty - Page 23




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              election is made by designating to the trustee, issuer,                 
              or custodian of the eligible retirement plan that the                   
              contribution is a rollover contribution.  This election                 
              is irrevocable.  Once any portion of an eligible                        
              rollover distribution has been contributed to an                        
              individual retirement plan and designated as a rollover                 
              distribution, taxation of the withdrawal of the                         
              contribution from the individual retirement plan is                     
              determined under section 408(d) rather than under                       
              section 402 or 403.  Therefore, the eligible rollover                   
              distribution is not eligible for capital gains                          
              treatment, five-year or ten-year averaging, or the                      
              exclusion from gross income for net unrealized                          
              appreciation on employer stock.  [Sec. 1.402(c)-2, Q&A-                 
              13, Income Tax Regs.; emphasis added.]                                  
         Thus, no particular form is required by the regulations in order             
         to designate a contribution as a rollover contribution.                      
              In this case, petitioner opened a “Rollover IRA” at Norwest             
         on July 8, 1998, and he hand-delivered his J.D. Edwards & Co.                
         stock certificate to Norwest on August 4, 1998, several days                 
         after the transfer agent had mailed the stock certificate to him.            
         According to the receipt issued to petitioner by a representative            
         of Norwest, “Deposit to account” was the purpose for which                   
         Norwest received petitioner’s stock certificate.  Petitioner’s               
         only account at Norwest was the “Rollover IRA” which he had                  
         opened by submitting an application to Norwest on or about July              
         8, 1998.  Furthermore, the statement issued by Norwest for                   
         petitioner’s IRA for the period ending August 31, 1998, reflects             
         a “stock rollover” of 10,323 shares of J.D. Edwards & Co. stock              
         on August 24, 1998.  Thus, it is evident that Norwest, the                   
         trustee, issuer, or custodian of the IRA, believed that                      







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