Michael J. Kulzer & Jan K. Bielman-Kulzer - Page 9




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               use the value either on December 31 of the prior year                  
               or on a date within a reasonable period before that                    
               year's distribution.                                                   
          Rev. Rul. 2002-62, sec. 202(e), 2002-2 C.B. at 711, also                    
          discusses the effect of changes to account balances, as follows:            
               (e) Changes to account balance.  Under all three                       
               methods, substantially equal periodic payments are                     
               calculated with respect to an account balance as of the                
               first valuation date selected in paragraph (d) above.                  
               Thus, a modification to the series of payments will                    
               occur if, after such date, there is (i) any addition to                
               the account balance other than gains or losses, (ii)                   
               any nontaxable transfer of a portion of the account                    
               balance to another retirement plan, or (iii) a rollover                
               by the taxpayer of the amount received resulting in                    
               such amount not being taxable.  [Emphasis supplied.]                   
               As mentioned above, if there is a "modification" within a 5-           
          year period beginning on the date of the first payment or, if               
          later, before the employee attains age 59-1/2, then the recapture           
          rule of section 72(t)(4) provides that the exception to the 10-             
          percent additional tax does not apply, and the taxpayer's tax for           
          the year of modification shall be increased by an amount which,             
          but for the exception, would have been imposed, plus interest for           
          the deferral period.  Sec. 74(t)(4).                                        
               Rev. Rul. 2002-62, supra, also provides authorization for              
          taxpayers to make a one-time change to the required minimum                 
          distribution method.  Rev. Rul. 2002-62, sec. 2.03(b), 2002-2               
          C.B. at 711, states as follows:                                             
               One-time change to required minimum distribution                       
               method.  An individual who begins distributions in a                   
               year using either the fixed amortization method or the                 
               fixed annuitization method may in any subsequent year                  






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