Ramzy M. and Lena Kopty - Page 38




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         us resolve this matter”, he was referring to this valuation                  
         issue.  Similarly, petitioner’s letter dated October 4, 2000,                
         transmitting petitioners’ 1998 tax return to the Internal Revenue            
         Service, refers to the same error in the Form 1099-R.                        
         Petitioners’ letter states:  “under the circumstances I would                
         like you to consider all of the above points while reviewing this            
         situation and confirm to me your finding.”  Petitioner’s letter              
         was again asking the Internal Revenue Service to review the Form             
         1099-R issued by the ESOP on which petitioner’s shares of J.D.               
         Edwards & Co. stock were valued as of July 15, 1998, in the                  
         amount of $467,766.10, whereas the net proceeds from the sale of             
         the stock on November 16, 1998, were $336,022.08.                            
              In none of petitioner’s correspondence with the Internal                
         Revenue Service does he raise a question about the validity of               
         the rollover of J.D. Edwards & Co. stock into his IRA or the                 
         Forms 1099-R issued to report the distributions from the IRA in              
         1999 and 2000.  In fact, petitioners’ opening brief states that              
         they did not become aware “that the ESOP rollover was invalid in             
         1998 due to the 60 days rollover rule” until the audit of their              
         1999 and 2000 returns which took place between April and                     
         September of 2004.  We reject any suggestion that petitioners                
         raised with respondent, before the audit of their returns, an                
         issue concerning the validity of the rollover contribution of                
         J.D. Edwards & Co. stock to Mr. Kopty’s IRA.  In conclusion, we              







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