Case Study: Timothy Adams

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Timothy Adams, owner of a law firm, has two retirement assets of a 401(k) required from Target and a Traditional IRA currently with Fidelity. He was advised approximately 5 years ago to transfer the 401 (k) for Target to a Traditional IRA. He also has a 401 (k) from Duey Cheadham that he would like moved to a Traditional IRA. He was attending law school while at working at Target, but does not practice tax law. ISSUE: What accounts is Mr. Adams able to transfer for this fiscal year? According to US Tax Court ruling Bobrow v. Commissioner, T.C. Memo. (2014-2), there will only be one individual retirement plan rollover contribution for a full fiscal year. When would Mr. Adams be qualified to rollover his retirement accounts? The tax court ruling (Bobrow v. Commissioner, 2014-2) state that as of January 1, 2015, one IRA rollover may be made with the 60 …show more content…

Commissioner and IRC Section 408(c) (d)). These laws mainly enforce that there may be only one rollover for an IRA within a 1-year period. The Revenue ruling 78-407, 1978-2 C.B. 157 states that you may make a direct transfer from one IRA trustee to another, but this is not considered a rollover. ANALYSES: Before the tax ruling for the rollover IRA accounts per year, Mr. Adams could have used the 60-day rollover ruling for his IRA transfers. This does include the transfer of a 401(k) account in Mr. Adams’ case. With the new rollover ruling, Mr. Adams does not need to include his gross income for any amount that would be distributed to another eligible plan within 60 days (IRC Section 408(d)). There would be a tax consequence if Mr. Adams attempted to rollover both of the 401(k) accounts within the one year period. These tax consequences would lead to an early withdrawal tax penalty, treated as an excess contribution, and a tax of 6% per year as long as they remain in the IRA (IRC

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