IRS written determination 201443032

Private letter rulings and published taxpayer determination letters. Native document type is retained separately; a determination letter is not labeled a private letter ruling. These taxpayer-specific releases cannot be used or cited as precedent under 26 USC 6110(k)(3); applicability and current legal force are not independently certified. Keep repeated UILC subjects attached to one actual numbered document.

TREASURY
DEVENUS BRO

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

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

201443032

JUL 3 1 2014

Uniform Issue List: 408.03-00

* * *

* * *

* * *

TIEPiRA: T3

Legend:

Decedent A

Surviving Spouse D

=* * *

Amount B

Financial Institution C

= * * *

IRA X

=* * *

IRA Y

Dear * * *:

This is in response to your request submitted on your behalf by your authorized
representative dated October 10, 2013, in which you request a waiver of the 60-day
rollover requirement contained in section 408(d)(3) of the Internal Revenue Code
(Code).

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

Surviving Spouse D represents that Decedent A received a distribution from IRA X
totaling Amount B. Surviving Spouse D asserts that Decedent A's failure to accomplish
a rollover within the 60-day period prescribed by section 408(d)(3) of the Code was due
to his medical condition which caused him to be hospitalized during and after the 60-day
period. Surviving Spouse D further represents that Amount B has not been used for any
other purpose.

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Decedent A had been suffering from a terminal form of brain cancer and on July 7,
2013, he passed away outside the United States while seeking alternative treatment to
sustain his life. Decedent A had experienced a history of having large medical bills that
were initially denied by his health insurance company, but then ultimately found to be
covered. As a result, money to cover conventional medical expenses became a
concern. As Decedent A's deteriorating condition and prognostics began worsening in
2013, Surviving Spouse D and Decedent A became more and more drained challenging
the insurance company for reimbursement. During the entire term of Decedent A's
illness Decedent A and Surviving Spouse D used a great deal of their own money to
pay for medical treatments.

On March 6, 2013, Decedent A and Surviving Spouse D decided to withdraw Amount B
from IRA X. This decision was predicated on their concern that they could be subject to
a heavy and immediate need for the funds should medical expenses not be covered for
conventional medication, treatment and care by their insurance carrier. They also
intended to redeposit the money within the allotted time period if not needed, as it
became more and more apparent that Decedent A's condition was worsening and hope
for his survival was quickly diminishing. The funds were never used.

Decedent A was hospitalized on May 3, 2013, just a few days before the 60-day rollover
period expired. Surviving Spouse D, who had not previously handled the family's
financial affairs, and who was physically and emotionally distraught over her husband's
pending death, did not realize that Decedent A had missed the 60-day rollover period
until late May, about two weeks after the period expired. Decedent A then completed
the necessary paperwork and had Amount B deposited into IRA Y on May 29, 2013.

Surviving Spouse D has provided documentation showing the nature of Decedent A's
illness and the period of his hospitalization.

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-

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(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 of the Treasury 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)(1) 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 Surviving Spouse D is
consistent with her assertion that Decedent A's failure to accomplish a timely rollover of
Amount B was due to his medical condition which hospitalized him during and after the
60-day 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

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March 6, 2013. 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 into IRA
Y on May 29, 2013, 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 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.

If you wish to inquire about this ruling, please contact * * * at * * *. Please address all
correspondence to SE:T:EP:RA:T3.

Sincerely yours,
The bo Wanting

Laura B. Warshawsky, Manager
Employee Plans Technical Group 3

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

CC: