-15-
for purposes of computing a series of substantially equal
periodic payments. In fact, considering petitioner's vague and
confusing testimony, we are not even certain how many retirement
accounts petitioner held with SBC during 2001 and 2002. For
example, at trial he testified that during the year 2001 he
withdrew $88,298 from his retirement accounts. He described his
withdrawals as follows:
I had several retirement accounts, including IRAs,
within local, you know, credit union institutions, and
I think there's probably 4 or 5 different withdrawals
that between all of my retirement accounts they totaled
the $88,000-plus. * * * I would say, to be accurate,
that 44,000 of the 76,000 is my 401(k). The remaining
32,000 on that line and the 12,000 above were from
different accounts other than my 401(k).
The above testimony suggests that the distribution of $44,000
came from his section 401(k) account with SBC and "the remaining
32,000" came from a different SBC account or accounts. This
conclusion is consistent with the fact that there are two Forms
1099-R for SBC attached to petitioners' 2001 return. One Form
1099-R reports a gross distribution of $32,000 from "SBC 1, 2,
3". A second Form 1099-R reports a gross distribution of $44,180
from "SBC 401K".
Furthermore, there is very little evidence in the record
regarding the balance of petitioner's IRA at OCTFCU or the
balance of his retirement account or accounts with SBC. The
record contains only one statement from SBC dated July 18, 2001,
which shows the "remaining market value" of the three accounts
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