Baskovich v. Commissioner
United States Tax Court
In 1986, P received a cash distribution following the termination of a qualified profit-sharing plan in which P was a participant.
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In 1986, P received a cash distribution following the termination of a qualified profit-sharing plan in which P was a participant. In reporting the distribution on their Federal income tax return for the taxable year 1986, Ps computed the tax due on the distribution using the 10-year averaging method provided in I.R.C. section 402(e). Held, Ps failed to establish that the distribution in question is a "lump sum distribution" as defined in I.R.C. section 402(e)(4)(A), and therefore Ps are not entitled to use the 10-year averaging method in computing the tax due on the distribution.
1Opinion of the Court
FRANK & ANKA BASKOVICH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Baskovich v. Commissioner
Docket No. 26056-89
United States Tax Court
T.C. Memo 1991-216; 1991 Tax Ct. Memo LEXIS 256; 61 T.C.M. (CCH) 2628; T.C.M. (RIA) 91216; 13 Employee Benefits Cas. (BNA) 2397;
May 20, 1991, Filed
Decision will be entered for the respondent.
In 1986, P received a cash distribution following the termination of a qualified profit-sharing plan in which P was a participant. In reporting the distribution on their Federal income tax return for the taxable year 1986, Ps computed the tax due on the…
2Cases cited4 opinions
- Reinhardt v. CommissionerUnited States Tax Court · 1985
- Jennemann v. CommissionerUnited States Tax Court · 1977
- Roy G. Edwards and Deborah S. Edwards v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1990
- Edwards v. CommissionerUnited States Tax Court · 1989