BUNNEY v. COMMISSIONER OF INTERNAL REVENUE
United States Tax Court
Petitioner (H) and his former wife (W) were divorced in 1992. H and W were residents of California, a community property State.
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Petitioner (H) and his former wife (W) were divorced in 1992. H and W were residents of California, a community property State. The judgment dissolving the marriage ordered that H's IRA's, which were funded with contributions that were community property, be divided equally between H and W. In 1993, H withdrew $ 125,000 from his IRA's and transferred $ 111,600 to W. HELD: sec. 408(g), I.R.C., precludes characterization of W as a 50-percent "distributee" of H's IRA's under sec. 408(d)(1), I.R.C.; accordingly, H, not W, is taxable on the distributions. HELD, further, no portion of the $ 111,600…
1Opinion of the Court
MICHAEL G. BUNNEY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
BUNNEY v. COMMISSIONER OF INTERNAL REVENUE
No. 20713-97
United States Tax Court
114 T.C. 259; 2000 U.S. Tax Ct. LEXIS 23; 114 T.C. No. 17;
April 10, 2000, Filed
Decision will be entered under Rule 155.
Petitioner (H) and his former wife (W) were divorced in
1992. H and W were residents of California, a community property
State. The judgment dissolving the marriage ordered that H's
IRA's, which were funded with contributions that were community
property, be divided equally between H and W. In 1993, H
withdrew $ 125,000 from his…
2Cases cited27 opinions
- Neely v. CommissionerUnited States Tax Court · 1985
- Rowan Cos. v. United StatesSupreme Court of the United States · 1981
- Kenneth Allen Barbara Allen v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1991
- Allen v. CommissionerUnited States Tax Court · 1989
- Matthews v. CommissionerUnited States Tax Court · 1989
22 more not listed; retrieve them via the Exa API.