Unintended duplicate IRA distribution receives rollover waiver

Plain-English summary

A taxpayer requested what he believed was his required minimum distribution from an IRA, unaware that the financial institution would also process an automatic in-kind distribution. His tax preparer discovered the duplicate distribution after the 60-day rollover period had expired, and the institution then restored the duplicate amount to the IRA. The IRS waived the deadline under IRC § 408(d)(3)(I) because the taxpayer did not know about the unintended duplicate distribution in time to complete a timely rollover. The waiver applied only if all other rollover requirements were met.

Ruling snapshot

• Question: Could an unintended duplicate IRA distribution be rolled back after the 60-day deadline?
• Outcome: Approved, subject to all other rollover requirements
• Key authorities: IRC § 408(d)(3)(I); Rev. Proc. 2003-16

Full text (IRS public release)

201447055

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

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

SEP 11 2014

Uniform Issue List: 408.03-00

XXX
XXX
XXX

T:EP:RA:T3

Legend:

Taxpayer A = XXX
Amount B = XXX
Financial Institution C = XXX
IRA X = XXX

Dear XXX:

This is in response to your request submitted on your behalf by your authorized
representative dated March 18, 2014, as supplemented by correspondence dated April
17, 2014, 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 A represents that he received a distribution from IRA X totaling Amount B.
Taxpayer A asserts that his failure to accomplish a rollover within the 60-day period
prescribed by section 408(d)(3) of the Code was due to a miscommunication with
Financial Institution C which resulted in an unintended duplicate required minimum
distribution for the year 2013 that Taxpayer A was not aware of until after the expiration
of the 60-day period. Taxpayer A further represents that Amount B has not been used
for any other purpose.

On December 12, 2013, Taxpayer A, who is over age 70 1/2, believing that he was
responsible for determining and distributing his required minimum distribution for the

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year, requested a distribution of Amount B from IRA X. Amount B was then deposited
into a non-IRA money market fund at Financial Institution C. On December 28, 2013,
Financial Institution C processed an automatic in-kind distribution of Amount B, which
was transferred directly from IRA X to Taxpayer A’s individual brokerage account with
Financial Institution C. Taxpayer A was unaware of the automatic in-kind transfer and
therefore, unaware of the duplicate required minimum distribution that was processed.

On March 3, 2014, during preparation of Taxpayer A’s 2013 tax return, Taxpayer A’s tax
preparer discovered the duplicate distribution reported on Taxpayer A’s 1099-R from
Financial Institution C, and promptly communicated the discovery to Taxpayer A.
Taxpayer A immediately contacted Financial Institution C who proceeded to restore the
duplicate distribution by rolling Amount B back into IRA X, even though the 60-day
period for completing the rollover had expired.

Based on the above facts and representations, you request a ruling that the Internal
Revenue Service (“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).

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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.

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 A is consistent
with his assertion that his failure to accomplish a timely rollover of Amount A was due
to the fact that he was not aware of the unintended duplicate required minimum
distribution until after the expiration of 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 on
December 26, 2014. Provided all other requirements of section 408(d)(3) of the Code,
except the 60-day requirement, were met with respect to the contribution of Amount B to
IRA X on March 3, 2014, such contribution will be considered a rollover contribution
within the meaning of section 408(d)(3) 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 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).

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.

A copy of this letter ruling has been sent to your authorized representative pursuant to a
power of attorney on file in this office.

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If you wish to inquire about this ruling, please contact XXX at (XXX) XXX-XXXX. Please
address all correspondence to SE:T:EP:RA:T3.

Sincerely yours,

Laura B. Warshawsky, Manager
Employee Plans Technical Group 3

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

cc:
XXX