IRS written determination 202623022

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.

IRS

# Department of the Treasury Internal Revenue Service Tax Exempt and Government Entities Employee Plans

March 9, 2026

Uniform Issue List: 408.03-00

Release Number: 202623022
Release Date: 6/5/26

Legend

Taxpayer A

=

IRA B

=

Company C

=

Agency D

=

Agency E

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Agency F

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Individual 1

=

Individual 2

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Amount 1

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Date 1

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Date 2

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Date 3

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Date 4

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Date 5

=

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Dear ***:

This is in response to your request dated January 26, 2026, as supplemented by
correspondence dated February 20, 2026, submitted on your behalf by your
authorized representative, 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").

You submitted, under penalties of perjury, the following facts and representations
in support of your ruling request.

Taxpayer A represents that on Date 1, he withdrew Amount 1 from IRA B, a
traditional IRA under section 408(a) of the Code. Taxpayer A asserts that was
unable to accomplish a rollover of Amount 1 within the 60-day period prescribed
by section 408(d)(3) because was the victim of a fraud scheme.

On Date 2, Taxpayer A was contacted by Individual 1, who identified
as
"
" and falsely claimed to be an employee of Company C. Individual 1
informed Taxpayer A that identity had been stolen and loans had been
fraudulently obtained in Taxpayer A's name. Individual 1 gained access to
Taxpayer A's personal computer. Individual 1 instructed Taxpayer to make
withdrawals from IRA B and transfer the funds to an account number provided by
the fraudster.

On Date 3, a letter falsely claiming to be from Agency E informed Taxpayer A that
Agency E received documents from Agency D regarding the supposed identity
theft. On Date 4, Taxpayer A received a letter falsely claiming to be sent from
Agency E, which provided that Individual 2 "
" to be a case
manager from Agency D, and had been appointed to do an investigation.

On Date 5, Taxpayer A made unsuccessful attempts to contact Individuals 1 and
2. At that time he realized was the victim of fraud and filed a complaint with
Agency F.

Based on the above facts and representations, Taxpayer A requests that the
Internal Revenue Service (the "Service") waive the 60-day rollover requirement
under section 408(d)(3) of the Code with respect to the distribution of Amount 1
from IRA B on Date 1.

Section 408(a) of the Code defines an individual retirement account to mean a
trust created or organized in the United States and requires that the trustee be a
bank or an approved non-bank trustee.

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.

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

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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 or 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 the rollover provisions of section
408(d)(3) do not apply to any amount 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 that
was not includible in gross income because of the application of the rollover
provisions in section 408(d)(3).

Section 408(d)(3)(E) of the Code provides that the rollover provisions of section
408(d)(3) 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) 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.

Section 3.02 of Revenue Procedure 2003-16, 2003-4 I.R.B. 359 ("Rev. Proc. 2003-
16"), provides that the Service will issue a ruling waiving the 60-day rollover
requirement in cases 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 taxpayer. 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 and documentation submitted are consistent with Taxpayer A's
assertion that he was unable to accomplish a rollover of Amount 1 within the 60-
day period prescribed by section 408(d)(3) of the Code because he was the victim
of a fraud scheme.

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Therefore, pursuant to section 408(d)(3)(1) of the Code, the Service waives the 60-
day rollover requirement with respect to the distribution of Amount 1 from IRA B on
Date 2. Taxpayer A has 60 days from the issuance of this letter to contribute an
amount not to exceed Amount 1 into an IRA. Provided all other requirements of
section 408(d)(3), except the 60-day requirement, are met with respect to such
contribution, the contribution 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.

No opinion is expressed as to the tax treatment of the transactions 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.

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
(Identification Number ********* ) at ( *** ) ********. Please address all correspondence
to SE:T:EP:RA:T1.

Sincerely,
Frederick L. Parker

Frederick L. Parker, Manager
Employee Plans Technical Group
1/7575

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

cc: