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IRA Inherited
LIMITATIONS ON ROLLOVERS FROM INHERITED IRAS
If a taxpayer inherited a traditional IRA from his spouse,
he can
generally can roll it over into a traditional IRA established for in his
name, or he can choose to treat the inherited IRA his own. If the taxpayer
inherited a traditional IRA from someone other than his spouse, he cannot
roll it over or allow it to receive a rollover contribution; he must
withdraw the IRA assets within a certain period. Code Section
408(d)(3)(C).
Generally, if a decedent's IRA proceeds pass through a third party, e.g.,
a trust, and then the proceeds are distributed to the decedent's surviving
spouse, the spouse will be treated as acquiring them from the third party
and not from the decedent. Thus, generally, the surviving spouse will not
be eligible to roll over the IRA proceeds into her own IRA. However, the
IRS concluded in PLR 199925033 that a non-pro rata partition of community
property of a decedent and his surviving spouse with the decedent's IRA
being allocated to the surviving spouse's trust is not a sale, exchange,
or other transfer of the IRA and that since the surviving spouse, having
become the sole trustee at the decedent's death, had at all times
exclusive control over the assets of the IRA, the IRA did not constitute
an inherited IRA within the meaning of Code Section 408(d)(3)(C).
Consequently, the surviving spouse was not required to include the value
of the IRA proceeds in her income and could transfer those proceeds into
a rollover IRA within 60 days of their distribution.

    
 
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