Clark v. Comm'r
United States Tax Court
T was a participant in her employer's defined benefit pension plan, which was tax qualified under sec. 401, I.R.C. In 1988, when she was 54 years old, the plan was terminated, and her total accrued benefit in the plan was distributed to her.
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T was a participant in her employer's defined benefit pension plan, which was tax qualified under sec. 401, I.R.C. In 1988, when she was 54 years old, the plan was terminated, and her total accrued benefit in the plan was distributed to her. The distribution was made to T solely on account of the plan's termination and not "on account of separation from service or disability." 1. Held: The distribution did not qualify as a "lump sum distribution" (a term of art defined in sec. 402(e)(4)(A), I.R.C.) since it was not made on account of any of the four alternative events specified in sec.…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency in income tax of $1,494 against petitioner for the year 1988. The principal issue for decision is whether a distribution received by petitioner during 1988 was a lump sum distribution as defined in section 402(e)(4)(A),1 and thus whether petitioner was entitled under section 402(e)(1) to use the 10-year averaging method in calculating the tax on the distribution. The facts have been stipulated.
Petitioner was born on January 13, 1934. She resided in Charleston, West Virginia, at the time she filed her petition herein. During 1988,…
2Cases cited7 opinions
- Foxman v. CommissionerUnited States Tax Court · 1964
- Bolton v. CommissionerUnited States Tax Court · 1981
- Dorance D. And Helen A. Bolton v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- De Marco v. CommissionerUnited States Tax Court · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Roundy v. CommissionerUnited States Tax Court · 1995
- Byrd v. Comm'rUnited States Tax Court · 2010
- Clark v. Comm'rUnited States Tax Court · 1993
- Golian v. Comm'rUnited States Tax Court · 2007
- Hill v. Comm'rUnited States Tax Court · 2010
2 more not listed; retrieve them via the Exa API.