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9th Cir.: Minor Child (Secondary Beneficiary of Father’s Retirement Account) Liable for Tax on Distribution After Mother (Primary Beneficiary) Kills Father

The Ninth Circuit ruled on Monday that a minor child of a woman who killed her husband (the child’s father) was liable for the tax on a distribution from his father’s retirement account as its “distributee” because the wife, although listed as the plan’s primary beneficiary, was ineligible under Oregon law to receive a distribution from the plan.  D.N. v. United States, No. 10-35037 (9th Cir. Nov. 22, 2010). (Hat Tip: Bob Kamman.)


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