Legal Opinion

Trimmer v. Comm'r

United States Tax Court

Decided April 20, 2017No. Docket No. 27238-14Published

While suffering from major depressive disorder after retiring from the NYPD in 2011, H received two distributions from his retirement accounts but did not roll them over into another qualified retirement account within the requisite 60-day period of I.R.C. sec. 402(c)(3)(A). When Ps' tax return preparer pointed out the problem some months later, H rolled the funds over into an IRA. Ps never used any of the funds.

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While suffering from major depressive disorder after retiring from the NYPD in 2011, H received two distributions from his retirement accounts but did not roll them over into another qualified retirement account within the requisite 60-day period of I.R.C. sec. 402(c)(3)(A). When Ps' tax return preparer pointed out the problem some months later, H rolled the funds over into an IRA. Ps never used any of the funds. On their 2011 return Ps reported the two distributions as nontaxable. During R's examination of Ps' 2011 tax return, Ps requested a hardship waiver from the 60-day rollover…

1Opinion of the Court

JOHN C. TRIMMER AND SUSAN TRIMMER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Trimmer v. Comm'r

Docket No. 27238-14

United States Tax Court

2017 U.S. Tax Ct. LEXIS 15; 148 T.C. No. 14;

April 20, 2017, Filed

An appropriate order will be issued, and decision will be entered under Rule 155.

While suffering from major depressive disorder after retiring from the NYPD in 2011, H received two distributions from his retirement accounts but did not roll them over into another qualified retirement account within the requisite 60-day period of I.R.C. sec. 402(c)(3)(A). When Ps' tax return…

2Cases cited35 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. Welch v. HelveringSupreme Court of the United States · 1933
  5. Barlow v. CollinsSupreme Court of the United States · 1970

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