UnThreaded | Threaded | Whole Thread (22) | Ignore Thread Prev | Next
Author: KATinChicagoland Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 76398  
Subject: Re: Early IRA withdrawal *seems* simple Date: 3/30/1998 6:08 PM
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Recommendations: 0
<<orangeblood>>
Thanks for that info. Would you please expand on this:

>>>>But this is a case where the position taken by the IRS seems to be contrary to what the Internal Revenue Code says.<<<<<

<<response>>
Section 408(d)(2) of the Internal Revenue Code says that for purposes of applying section 72 to amounts distributed from IRAs you treat all IRAs as a single IRA. The 10% penalty, and the exception for periodic payments, appear in section 72(t). Perhaps you can interpret the language in section 408(d)(2) as having a limited purpose, but the IRS doesn't discuss this in its rulings and that makes me a little nervous.

<<orangeblood>>
Also, you said:

>>>>>Given that the IRS has given the same ruling a number of times, it should be pretty easy (but not necessarily cheap!) to get your own ruling if you decide to go this way and the issue is still up in the air at that time.<<<<<<

...What is the normal process and fee involved in obtaining a ruling? I am still at least 10 years away from retirement; can I get a ruling for something that far in the future? Obviously, this will affect the way I save: If I can withdraw my IRA money early (in the manner that I wish), I will continue to make contributions. If not, I had better stop now and direct my contributions elsewhere. (Though I would *greatly* prefer the former.)

I doubt that the IRS would provide a ruling this far in advance. You would be asking them to rule on a possible transaction many years in the future which may never actually occur, and with their limited resources they generally refuse to rule in these circumstances.

KAT in Chicagoland
http://www.fairmark.com
Tax Guide for Investors
Now with expanded and revised
Roth IRA information
Post New | Post Reply | Reply Later | Create Poll Report this Post | Recommend it!
Print the post  
UnThreaded | Threaded | Whole Thread (22) | Ignore Thread Prev | Next

Announcements

The Retire Early Home Page
Discussion on accelerating retirement day.
Foolanthropy 2014!
By working with young, first-time moms, Nurse-Family Partnership is able to truly change lives – for generations to come.
When Life Gives You Lemons
We all have had hardships and made poor decisions. The important thing is how we respond and grow. Read the story of a Fool who started from nothing, and looks to gain everything.
Post of the Day:
Macro Economics

Economic Implications of Cuba
What was Your Dumbest Investment?
Share it with us -- and learn from others' stories of flubs.
Community Home
Speak Your Mind, Start Your Blog, Rate Your Stocks

Community Team Fools - who are those TMF's?
Contact Us
Contact Customer Service and other Fool departments here.
Work for Fools?
Winner of the Washingtonian great places to work, and "#1 Media Company to Work For" (BusinessInsider 2011)! Have access to all of TMF's online and email products for FREE, and be paid for your contributions to TMF! Click the link and start your Fool career.
Advertisement