-23- 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 thatPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: March 27, 2008