PLR 1305016: IRS waives the rollover deadline after a disabling medical episode

Plain-English summary

A taxpayer withdrew funds from an IRA and placed them in a savings account, intending to roll them into another IRA within 60 days. The taxpayer was permanently disabled and had periodic episodes of incapacitation. An episode during the final week of the 60-day period prevented the taxpayer from going to the bank, and the bank later refused the rollover because the deadline had expired. The IRS waived the deadline for the unused Amount B and gave the taxpayer 60 days from the ruling letter to contribute it to a rollover IRA, subject to the other rollover requirements.

Ruling snapshot

• Question: May the IRS waive the 60-day IRA rollover deadline when a taxpayer's disability and an incapacitating medical episode prevent a timely rollover?
• Outcome: Approved, the deadline was waived for the unused amount.
• Key authorities: IRC §§ 72, 401, 408, and 6110; Rev. Proc. 2003-16

Full text (IRS public release)

201305016

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
WASHINGTON, D.C. 20224

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

NOV 08 2012

Uniform Issue List: 408.03-00

T:EP:RA:T2

Legend:

Taxpayer = **

IRA X = *********

Amount A = **

Amount B = *****

Bank A = *********

Dear ***:

This is in response to your request dated June 4, 2012, as supplemented by
correspondence dated August 16, 2012, in which you request a waiver of the 60-day
rollover requirement contained in section 408(d)(3) of the Internal Revenue Code (the
“Code”).

The following facts and representations have been submitted under penalty of
perjury in support of the ruling requested.

Taxpayer represents that he received a distribution from IRA X totaling Amount
A. Taxpayer asserts that his failure to accomplish a rollover within the 60-day period
prescribed by section 408(d)(3) was due to Taxpayer’s medical condition and disability
which impaired his ability to accomplish a timely rollover. Taxpayer further represents
that a portion of Amount A was used; and Amount B has not been used for any other
purpose.

Taxpayer withdrew Amount A from IRA X and deposited the funds in a savings
account at Bank A with the intent to roll it over into another IRA within 60 days. He
intended to wait until the end of the 60-day period to see if interest rates would rise.
Taxpayer is permanently disabled and suffers periodically from episodes where he is

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incapacitated for a few days. During the last week of the 60-day period, Taxpayer was
stricken with one such episode and was unable to go to the bank. After recovering from
his episode four days after the end of the 60-day period, Taxpayer attempted to roll over
Amount A, but the bank refused to accept the rollover because the 60-day period had
expired.

Based on the facts and representations, you request a ruling that the Internal
Revenue Service waive the 60-day rollover requirement contained in section 408(d)(3) of
the Code with respect to the distribution of Amount B.

Section 408(d)(1) of the Code provides that, except as otherwise provided in
section 408(d), any amount paid or distributed out of an IRA shall be included in gross
income by the payee or distributee, as the case may be, in the manner provided under
section 72 of the Code.

Section 408(d)(3) of the Code defines, and provides the rules applicable to IRA
rollovers.

Section 408(d)(3)(A) of the Code provides that section 408(d)(1) of the Code
does not apply to any amount paid or distributed out of an IRA to the individual for
whose benefit the IRA is maintained if

(i) the entire amount received (including money and any other property) is paid
into an IRA for the benefit of such individual not later than the 60th day after the day on
which the individual receives the payment or distribution; or

(ii) the entire amount received (including money and any other property) is paid
into an eligible retirement plan (other than an IRA) for the benefit of such individual not
later than the 60th day after the date on which the payment or distribution is received,
except that the maximum amount which may be paid into such plan may not exceed the
portion of the amount received which is includible in gross income (determined without
regard to section 408(d)(3)).

Section 408(d)(3)(B) of the Code provides that section 408(d)(3) does not
apply to any amount described in section 408(d)(3)(A)(i) received by an individual from
an IRA if at any time during the 1-year period ending on the day of such receipt such
individual received any other amount described in section 408(d)(3)(A)(i) from an IRA
which was not includible in gross income because of the application of section 408(d)(3).

Section 408(d)(3)(D) of the Code provides a similar 60-day rollover period for
partial rollovers.

Section 408(d)(3)(E) of the Code provides that the rollover provisions of section
408(d) do not apply to any amount required to be distributed under section 408(a)(6).

Section 408(d)(3)(I) of the Code provides that the Secretary may waive the 60-day
requirement under sections 408(d)(3)(A) and 408(d)(3)(D) of the Code where the
failure to waive such requirement would be against equity or good conscience, including
casualty, disaster, or other events beyond the reasonable control of the individual
subject to such requirement. Only distributions that occurred after December 31, 2001,
are eligible for the waiver under section 408(d)(3)(I) of the Code.

Rev. Proc. 2003-16, 2003-4 I.R.B. 359 (January 27, 2003) provides that in
determining whether to grant a waiver of the 60-day rollover requirement pursuant to
section 408(d)(3)(I), the Service will consider all relevant facts and circumstances,
including: (1) errors committed by a financial institution; (2) inability to complete a
rollover due to death, disability, hospitalization, incarceration, restrictions imposed by a
foreign country or postal error, (3) the use of the amount distributed (for example, in the
case of payment by check, whether the check was cashed); and (4) the time elapsed
since the distribution occurred.

The information presented and documentation submitted by Taxpayer is
consistent with his assertion that his failure to accomplish a timely rollover was caused
by his permanent disability compounded by the onset of an incapacitating medical
episode during the 60-day rollover period.

Therefore, pursuant to section 408(d)(3)(I) of the Code, the Service hereby
waives the 60-day rollover requirement with respect to the distribution of Amount B from
IRA X. Taxpayer is granted a period of 60 days from the issuance of this ruling letter to
contribute Amount B into a Rollover IRA. Provided all other requirements of section
408(d)(3) of the Code, except the 60-day requirement, are met with respect to such
contribution, Amount B will be considered a rollover contribution within the meaning of
section 408(d)(3) of the Code.

This ruling does not authorize the rollover of amounts that are required to be
distributed by section 401(a)(9) of the Code.

No opinion is expressed as to the tax treatment of the transaction described
herein under the provisions of any other section of either the Code or regulations which
may be applicable thereto.

This letter is directed only to the taxpayer who requested it. Section 6110(k)(3)
of the Code provides that it may not be used or cited as precedent.

If you wish to inquire about this ruling, please contact ** (ID *)
at () -***. Please address all correspondence to SE:T:EP:RA:T2.

Sincerely yours,

Donzell Littlejohn, Manager
Employee Plans Technical Group

Enclosures:
Deleted copy of ruling letter
Notice of Intention to Disclose