Morton and Anne Kwestel - Page 2




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               The issue for decision is whether petitioners are entitled             
          to recover from respondent $7,253 in administrative costs                   
          relating to petitioners’ claim for refund of $13,769 in overpaid            
          2001 Federal income taxes.  Hereinafter, all references to                  
          petitioner in the singular are to petitioner Morton Kwestel.                


                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
               At the time the petition was filed, petitioners resided in             
          Rockaway, New Jersey.                                                       
               In 2001 petitioner converted a traditional IRA into a Roth             
          IRA under section 408A(d)(3).                                               
               For 2001, petitioners timely filed their joint Federal                 
          income tax return and paid the tax shown due thereon.  On their             
          return as filed, petitioners included in income the $55,065 in              
          accumulated untaxed IRA earnings.1                                          
               On October 14, 2002, petitioner timely reversed the                    
          conversion of his Roth IRA back into a traditional IRA under                
          section 408A(d)(6).2                                                        

               1Under sec. 408A(d)(3)(A) and (C), upon conversion of a                
          traditional IRA into a Roth IRA, the amount of untaxed earnings             
          in the IRA is includable in the taxpayer’s taxable income in the            
          year of the conversion.                                                     
               2Under sec. 408A(d)(6), a conversion of a traditional IRA              
          into a Roth IRA may be reversed so long as the transfer of funds            
          reversing the conversion is completed by the tax return filing              
                                                             (continued...)           






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