Legal Opinion

Ancira v. Comm'r

United States Tax Court

Decided September 24, 2002No. 425-01Published

P had a self-directed IRA account of which C was the custodian. P requested that C purchase common stock in X for the IRA. Although the investment in X stock was not prohibited, C, as a matter of policy, refused to purchase the stock because X was not publicly traded. P arranged for C to issue a check drawn on the IRA account made payable to X. C sent the check to P, who forwarded it to X. X issued the stock in the name of P's IRA.

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P had a self-directed IRA account of which C was the custodian. P requested that C purchase common stock in X for the IRA. Although the investment in X stock was not prohibited, C, as a matter of policy, refused to purchase the stock because X was not publicly traded. P arranged for C to issue a check drawn on the IRA account made payable to X. C sent the check to P, who forwarded it to X. X issued the stock in the name of P's IRA. P received X's stock and delivered the stock to C. R determined that there was a distribution from the IRA to P. Held: P was a conduit for C, and there was no…

1Opinion of the Court

ROBERT ANCIRA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Ancira v. Comm'r

No. 425-01

United States Tax Court

119 T.C. 135; 2002 U.S. Tax Ct. LEXIS 43; 119 T.C. No. 6;

September 24, 2002, Filed

Decision will be entered for taxpayer.

P had a self-directed IRA account of which C was the custodian.

P requested that C purchase common stock in X for the IRA.

Although the investment in X stock was not prohibited, C, as a

matter of policy, refused to purchase the stock because X was

not publicly traded. P arranged for C to issue a check drawn on

the IRA account made payable to X. C sent the…

2Cases cited8 opinions

  1. Diamond v. CommissionerUnited States Tax Court · 1971
  2. Sol Diamond and Muriel Diamond v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1974
  3. Darby v. CommissionerUnited States Tax Court · 1991
  4. BUNNEY v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2000
  5. Wood v. CommissionerUnited States Tax Court · 1989

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