Michael J. Kulzer & Jan K. Bielman-Kulzer - Page 21




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               Accordingly, petitioners bear the burden of proving that               
          respondent's determination in the notice of deficiency is                   
          erroneous.  See Rule 142(a).  In order for petitioners to                   
          prevail, they must prove that the distribution of $25,000 made in           
          2002 by petitioner's IRA in the OCTFCU is part of a series of               
          substantially equal periodic payments, as described by section              
          72)(t)(2)(A)(iv).  See Arnold v. Commissioner, 111 T.C. 250, 255            
          (1998).  For the reasons discussed above, we find that                      
          petitioners have not met their burden of establishing that the              
          subject distribution of $25,000 is part of a series of                      
          substantially equal periodic payments, as described by section              
          72)(t)(2)(A)(iv).                                                           
               On the basis of the foregoing,                                         

                                        Decision will be entered for                  
                                   respondent.                                        





















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