Taxpayer receives IRA rollover waiver after adviser error

Plain-English summary

A taxpayer received an IRA distribution and intended to return it before the 60-day rollover deadline. A financial adviser provided a written deadline that was one day late, and the taxpayer relied on that advice when returning the funds. The taxpayer learned of the missed deadline only after receiving an IRS assessment and then removed the amount from the IRA. The IRS found the documentation consistent with an adviser error, waived the original 60-day requirement, and gave the taxpayer 60 days from the ruling date to contribute the amount to a rollover IRA. The relief does not cover any required minimum distribution.

Ruling snapshot

• Question: Will the IRS waive the 60-day IRA rollover deadline missed because of the financial adviser's incorrect advice?
• Outcome: Approved. The taxpayer received 60 days from the ruling date to complete the rollover.
• Key authorities: IRC § 408(d)(3)(I); Rev. Proc. 2003-16

Full text (IRS public release)

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

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

JAN 22 2014

201416014

SE:T:EP:RA:T2

Uniform Issue List: 408.03-00

Legend:

Taxpayer = ***
IRA X = ***
Amount 1 = ***
Financial Institution = ***
Financial Advisor = ***
Dear ***:

This is in response to your request dated October 25, 2012, as supplemented by
correspondence dated August 8, 2013, and November 21, 2013, 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 penalties of perjury
in support of the ruling requested.

Taxpayer represents that she received a distribution from IRA X totaling Amount 1.
Taxpayer asserts that her failure to accomplish a rollover within the 60-day period
prescribed by section 408(d)(3) of the Code was due to an error committed by Financial
Advisor in providing the incorrect rollover deadline date to Taxpayer.

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Taxpayer represents that she is the owner of IRA X maintained at Financial Institution.
On December 4, 2009, Taxpayer received a distribution from IRA X of Amount 1.
Taxpayer represents that it was always her intent to rollover Amount 1 back into IRA X
by the 60-day rollover deadline. Taxpayer was informed in writing by an employee of
Financial Advisor that Taxpayer needed to redeposit Amount 1 into IRA X by February
4, 2010, which was after the deadline. Taxpayer has been a longtime client of Financial
Advisor and relied on Financial Advisor with regard to the rollover. On February 4,
2010, Taxpayer gave Financial Advisor a check for Amount 1, which was deposited
back into IRA X.

Taxpayer did not become aware of her failure to meet the 60-day rollover deadline until
she received an assessment from the Service dated October 31, 2011. Taxpayer then
removed Amount 1 from IRA X.

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 1.

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) 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

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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) (related to
required distributions under section 401(a)(9) of the Code and incidental death benefit
requirements of section 401(a) of the Code).

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) 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.

Revenue Procedure 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) of the Code, 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
her assertion that her failure to accomplish a timely rollover was due to an error
committed by Financial Advisor in providing the incorrect rollover deadline date to
Taxpayer.

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 1 from IRA X.
Taxpayer is granted a period of 60 days from the issuance of this ruling letter to
contribute Amount 1 into a rollover IRA. Provided all other requirements of section
408(d)(3), except the 60-day requirement, are met with respect to such contribution, the
contribution of Amount 1 will be considered a rollover contribution within the meaning of
section 408(d)(3).

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

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.

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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.

Pursuant to the power of attorney on file with this office, a copy of this letter ruling is
being sent to your authorized representative. If you wish to inquire about this ruling,
please contact ** at () -**. Please address all correspondence
to SE:T:EP:RA:T2.

Sincerely yours,

Jason Levine, Manager,
Employee Plans Technical Group 2

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

cc: ***