Rodoni v. Commissioner
United States Tax Court
P husband, a participant in a qualified profit sharing plan, received a lump-sum distribution of the balance of his account in the plan on Feb. 5, 1988. P husband delivered the proceeds of the distribution to P wife, who used the funds to establish individual retirement accounts (IRA) in her name within 60 days of the distribution.
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P husband, a participant in a qualified profit sharing plan, received a lump-sum distribution of the balance of his account in the plan on Feb. 5, 1988. P husband delivered the proceeds of the distribution to P wife, who used the funds to establish individual retirement accounts (IRA) in her name within 60 days of the distribution. Ps obtained a Judgment of Dissolution of their marriage, entered nunc pro tunc to Dec. 31, 1988. The judgment incorporated a Marital Settlement Agreement executed by Ps, which provided that P wife was to receive the community property interest in the profit sharing…
1Opinion of the Court
Ruwe, Judge:
Respondent determined a deficiency of $146,544 in petitioners’ 1988 Federal income tax. After concessions, the issues for decision are: (1) Whether the lump-sum distribution from a qualified profit sharing plan to petitioner Mario Rodoni (Mr. Rodoni) and its subsequent transfer into the individual retirement accounts of petitioner Donna Rodoni (Mrs. Rodoni) qualify as a tax-free rollover under section 402(a)(5);1 or (2) whether such transfers qualify as a tax-free rollover under section 402(a)(6)(F).
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The…
2Cases cited10 opinions
- Anderson v. HelveringSupreme Court of the United States · 1940
- Orzechowski v. CommissionerUnited States Tax Court · 1978
- Richard W. And Janet Orzechowski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
- Taylor v. CommissionerUnited States Tax Court · 1977
- Sperapani v. CommissionerUnited States Tax Court · 1964
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3Cited by16 opinions
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- In re WilliamsDistrict Court, M.D. Florida · 2001
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