Reinhardt v. Commissioner
Case Details
- Judge(s)
- Parker
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Tax court decision on pension distribution classification
Related Laws
No specific laws identified for this ruling.
Outcome
The court held that a physician's transition from employee to independent contractor status did not constitute a 'separation from service' under IRC § 402(e)(4)(A)(iii), making the distribution ineligible for 10-year averaging tax treatment.
Excerpt
P was a physician and a shareholder-employee of C, a professional corporation that renders medical care and treatment through duly licensed physicians. As such, P was covered by C's qualified profit-sharing and pension plans that were available only to physicians who were shareholder-employees. P sold his C stock, divested himself of all his economic interests related to C, and terminated his employee relationship with C. Shortly thereafter, P entered into an independent contractor relationship with C and continued to provide the same services as a physician. Upon terminating his employee relationship, P received a distribution from C's qualified plans. Held: P's change in employment status from that of an employee to that of an independent contractor did not constitute a \separation from the service\ within the meaning of sec. 402(e)(4)(A)(iii), I.R.C. 1954. Therefore, the distribution to P was not a lump-sum distribution, and P is not entitled to use the 10-year averaging method provided by sec. 402(e)(1) in determining the tax on that distribution.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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