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Life and Death Planning for Retirement Benefits

Chapter 8: Investment Issues; Plan Types

Taxation of IRA transactions and investments:

Regarding the effects of the IRS application of the wash sale rule to IRA sales (Rev. Rul. 2008-5):

Jones, Michael J., CPA, “Tossing IRAs into the Wash” (

Trusts & Estates

, Feb. 2008).

Prohibited transactions:

For thoughtful discussion of many of the issues, see materials by Noel C. Ice, Esq., at his web site

http://www.trustsandestates.net .

The Department of Labor web site,

http://www.dol.gov/ebsa ,

has posted copies of the DOL’s

advisory opinions (back through 1992 only), PT exemptions (1996 to date) and interpretive bulletins, and

the “Presidential Reorganization Plan #4 of 1978.” Generally this excellent government web site is easy to

use. An oddity of the web site is that it clumps several exemptions together into one document; for example,

if you click on the exemption for Dr. Smith’s IRA, you will find yourself reading about the DeutscheBank

Pension Plan...just keep scrolling down until you come to Dr. Smith. Older PT exemption requests and

advisory opinions are not posted at the DOL web site.

Nontraditional IRA investments:

Michael J. Jones, CPA, “Roth IRA Conversions, Nontraditionally,”

Trusts & Estates

(March 2010,

p. 36), and “Roth IRA Conversions: Dealing with Nontraditional Assets in Traditional IRAs,”

Ed Slott’s

IRA Advisor

, April 2010, p. 6.

Chapter 9: Distributions before Age 59½

Toolson, Richard B., “Structuring Substantially Equal Payments to Avoid the Premature

Withdrawal Penalty,”

Journal of Taxation

, Nov 1990, page 276