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Relevant Fact Sample

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Relevant Facts
On February 11 of the current year Phyllis requested a check for the balance of her IRA account at the brokerage firm ABC. She received the check made out to her and deposited the check the same day in a new IRA account at the brokerage firm XYZ. On May 8, Phyllis requested a check from XYZ which she deposited in another IRA account 35 days later.

Specific Issues: Is the check that Phyllis received from XYZ on May 8 taxable to her?

Conclusions
A distribution from a traditional IRA may be excluded from gross income if the recipient rolls over the distribution to another traditional IRA or returns it to the same IRA (Code Sec. 408(d)(3); Rev. Proc. 2003-16).
The owner of an IRA may withdraw all or part of the assets from an IRA …show more content…

Once an individual has made a tax-free rollover, he or she must wait at least one year from the date of receipt of the amount withdrawn before becoming eligible to engage in another rollover (Code Sec. 408(d)(3)(B)). In the Alvan L. Bobrow and Elisa S. Bobrow v. Commissioner of Internal Revenue, U.S. Tax Court, T.C. Memo 2014-21, January 28, the U.S. Tax Court ruled that a taxpayer was limited to one IRA rollover per 12-month period, even though he took distributions from two different IRAs.
Therefore the distribution that Phyllis made on May 8 from XYZ to a new IRA account 35 days later would be taxable to her even though the distribution was deposited in the new IRA within the 60 day timeframe required because any additional distribution made within 12 month period will be taxable whether or not it is contributed to another IRA within 60 days. IRA distribution can only be done once per 12

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