Court Decision 2081 |
March 27, 2006 |
ROUSEY ET UX. v. JACOWAY
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
No. 03-1407
April 4, 2005
Several years after petitioners deposited distributions from their pension
plans into Individual Retirement Accounts (IRAs), they filed a joint petition
under Chapter 7 of the Bankruptcy Code. They sought to shield portions of
their IRAs from their creditors by claiming them as exempt from the bankruptcy
estate under 11 U. S. C. §522(d)(10)(E), which provides, inter
alia, that a debtor may withdraw from the estate his “right
to receive . . . a payment under a stock bonus, pension, profitsharing, annuity,
or similar plan or contract on account of . . . age.” Respondent Jacoway,
the Bankruptcy Trustee, objected to the Rouseys’ exemption and moved
for turnover of the IRAs to her. The Bankruptcy Court sustained her objection
and granted her motion, and the Bankruptcy Appellate Panel (BAP) agreed. The
Eighth Circuit affirmed, concluding that, even if the Rouseys’ IRAs
were “similar plans or contracts” to the plans specified in §522(d)(10)(E),
their IRAs gave them no right to receive payment “on account of age,”
but were instead savings accounts readily accessible at any time for any purpose.
Held: The Rouseys can exempt IRA assets from the
bankruptcy estate because the IRAs fulfill both of the §522(d)(10)(E)
requirements at issue here—they confer a right to receive payment on
account of age and they are similar plans or contracts to those enumerated
in §522(d)(10)(E). Pp. 4-14.
(a) The Court reaffirms its suggestion in Patterson v. Shumate,
504 U. S. 753, 762-763, that IRAs like the Rouseys’ can be exempted
from the bankruptcy estate pursuant to §522(d)(10)(E). Pp. 4-5.
(b) The Rouseys’ IRAs provide a right to payment “on account
of . . . age” within §522(d)(10)(E)’s meaning. The quoted
phrase requires that the right to receive payment be “because of”
age. Bank of America Nat. Trust and Sav. Assn. v. 203 North LaSalle
Street Partnership, 526 U. S. 434, 450-451. This meaning comports
with the common, dictionary understanding of “on account of,”
and §522(d)(10)(E)’s context does not suggest another meaning.
The statutes governing IRAs persuade the Court that Jacoway is mistaken in
arguing that there is no causal connection between that right and age or any
other factor because the Rouseys’ IRAs provide a right to payment on
demand. Their right to receive payment of the entire balance is not in dispute.
Because their accounts qualify as IRAs under 26 U. S. C. §408(a), they
have a nonforfeitable right to the balance held in those accounts, §408(a)(4).
That right is restricted by a 10 percent tax penalty on any withdrawal made
before age 591/2, §72(t).
Contrary to Jacoway’s contention, this 10 percent penalty is substantial.
It applies proportionally to any amounts withdrawn and prevents access to
the 10 percent that the Rouseys would forfeit should they withdraw early.
It therefore effectively prevents access to the entire balance in their IRAs
and limits their right to “payment” of the balance. And because
this condition is removed when the accountholder turns age 591/2,
the Rouseys’ right to the balance of their IRAs is a right to payment
“on account of” age. Pp. 5-8.
(c) The Rouseys’ IRAs are “similar plan[s] or contract[s]”
to the “stock bonus, pension, profit sharing, [or] annuity . . . plan[s]”
listed in §522(d)(10)(E). To be “similar,” an IRA must be
like, though not identical to, the listed plans or contracts, and consequently
must share characteristics common to them. Because the Bankruptcy Code does
not define the listed plans, the Court looks to their ordinary meaning. E.g., United
States v. LaBonte, 520 U. S. 751, 757. Dictionary
definitions reveal that, although the listed plans are dissimilar to each
other in some respects, their common feature is that they provide income that
substitutes for wages earned as salary or hourly compensation. That the income
the Rouseys will derive from their IRAs is likewise income that substitutes
for wages lost upon retirement is demonstrated by the facts that (1) regulations
require distribution to begin no later than the calendar year after the year
the accountholder turns 701/2;
(2) taxation of IRA money is deferred until the year in which it is distributed;
(3) withdrawals before age 591/2 are
subject to the 10 percent penalty; and (4) failure to take the requisite minimum
distributions results in a 50 percent tax penalty on funds improperly remaining
in the account. The Court rejects Jacoway’s argument that IRAs cannot
be similar plans or contracts because the Rouseys have complete access to
them. This argument is premised on her view that the 10 percent penalty is
modest, a premise with which the Court does not agree. The Court also rejects
Jacoway’s contention that the availability of IRA withdrawals exempt
from the early withdrawal penalty renders the Rouseys’ IRAs more like
savings accounts. Sections 522(d)(10)(E)(i) through (iii)—which preclude
the debtor from using the §522(d)(10)(E) exemption if an insider established
his plan or contract; the right to receive payment is on account of age or
length of service; and the plan does not qualify under specified Internal
Revenue Code sections, including the section governing IRAs—not only
suggest generally that the Rouseys’ IRAs are exempt, but also support
the Court’s conclusion that they are “similar plan[s] or contract[s]”
under §522(d)(10)(E). Pp. 8-14.
347 F. 3d 689, reversed and remanded.
THOMAS, J., delivered the opinion for a unanimous Court.
RICHARD GERALD ROUSEY, ET UX., PETITIONERS v. JILL
R. JACOWAY
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE EIGHTH CIRCUIT
No. 03-1407
April 4, 2005
JUSTICE THOMAS delivered the opinion of the Court.
The Bankruptcy Code permits debtors to exempt certain property from
the bankruptcy estate, allowing them to retain those assets rather than divide
them among their creditors. 11 U. S. C. §522. The question in this case
is whether debtors can exempt assets in their Individual Retirement Accounts
(IRAs) from the bankruptcy estate pursuant to §522(d)(10)(E). We hold
that IRAs can be so exempted.
Petitioners Richard and Betty Jo Rousey were formerly employed at Northrup
Grumman Corp. At the termination of their employment, Northrup Grumman required
them to take lump-sum distributions from their employer-sponsored pension
plans. In re Rousey, 283 B. R. 265, 268 (Bkrtcy. App.
Panel CA8 2002); Brief for Petitioners 2. The Rouseys deposited the lump sums
into two IRAs, one in each of their names. 283 B. R., at 268.
The Rouseys’ accounts qualify as IRAs under a number of requirements
imposed by the Internal Revenue Code. Each account is “a trust created
or organized in the United States for the exclusive benefit of an individual
or his beneficiaries.” 26 U. S. C. §408(a) (2000 ed. and Supp.
II). The Internal Revenue Code limits the types of assets in which IRA-holders
may invest their accounts, §§408(a)(3), (a)(5), and provides that
the balance in IRAs is nonforfeitable, §408(a)(4). It also caps yearly
contributions to IRAs. §408(o)(2). Withdrawals
made before the accountholder turns 591/2 are,
with limited exceptions, subject to a 10 percent tax penalty. §72(t).
IRA contributions receive favorable tax treatment. In particular, the
Internal Revenue Code generally defers taxation of the money placed in IRAs
and the income earned from those sums until the assets are withdrawn. See
§219(a) (contributions to IRAs are tax deductible); §408(e)(1) (IRA
is tax exempt). Moreover, within a certain timeframe accountholders can,
as the Rouseys did here, roll over distributions received from other retirement
plans. §408(a)(1). The Internal Revenue Code encourages such rollovers
by making them nontaxable. §§408(d)(3), 402(c)(1), 403(b)(8), and
457(e)(16).
The Rouseys’ IRA agreements, as well as relevant regulations,
provide that their “entire interest in the custodial account must be,
or begin to be, distributed by” April 1 following the calendar yearend
in which they reach age 701/2.
In re Rousey, 275 B. R. 307, 310 (Bkrtcy. Ct. WD Ark.
2002). The IRA agreements permit withdrawal prior to age 591/2,
but note the federal tax penalties applicable to such distributions. Id.,
at 311.
Several years after establishing their IRAs, the Rouseys filed a joint
Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the
Western District of Arkansas. In the schedules and statements accompanying
their petition, the Rouseys sought to shield portions of their IRAs from their
creditors by claiming them as exempt from the bankruptcy estate pursuant to
11 U. S. C. §522(d)(10)(E). This exemption provides that a debtor may
withdraw from the bankruptcy estate his “right to receive—
. . . . .
“(E) a payment under a stock bonus, pension, profit-sharing, annuity,
or similar plan or contract on account of illness, disability, death, age,
or length of service, to the extent reasonably necessary for the support of
the debtor and any dependent of the debtor . . . .”
The Bankruptcy Court appointed respondent Jill R. Jacoway as the Chapter
7 Trustee. As Trustee, Jacoway is responsible for overseeing the liquidation
of the bankruptcy estate and the distribution of the proceeds. She objected
to the Rouseys’ claim for the exemption of their IRAs and moved for
turnover of those sums to her. The Bankruptcy Court sustained Jacoway’s
objection and granted her motion. 275 B. R., at 309.
The Rouseys appealed. The Bankruptcy Appellate Panel (BAP) agreed with
the Bankruptcy Court that the Rouseys could not exempt their IRAs under §522(d)(10)(E).
It concluded that the IRAs were not “ ‘similar plan[s] or contract[s]’
” to stock bonus, pension, profitsharing, or annuity plans, because,
by contrast to the limited access permitted in such plans, the Rouseys had
“unlimited access” to the funds held in their IRAs. 283 B. R.,
at 272. That access also meant, the BAP reasoned, that the Rouseys had complete
control over the funds in their IRAs, “subject only to a ten percent
tax penalty.” Id., at 273. Because they had such
control, the payments from the IRAs were not “on account of any factor
listed in 11 U. S. C. §522(d)(10)(E).” Ibid.
The Rouseys again appealed and the Court of Appeals for the Eighth Circuit
affirmed. The Court of Appeals concluded that, even if the Rouseys’
IRAs were “‘similar plans or contracts’ ” to stock
bonus, pension, profitsharing, or annuity plans, their IRAs gave them no right
to receive payment “ ‘on account of age.’ ” In
re Rousey, 347 F. 3d 689, 693 (2003). Like the BAP, the Court
of Appeals reasoned that the Rouseys’ right to payment was conditioned
neither on age nor on any of the other statutory factors. Their IRAs were
instead “readily accessible savings accounts of which the debtors may
easily avail themselves (albeit with some discouraging tax consequences) at
any time for any purpose.” Ibid. The Court of
Appeals recognized that several of its sister Circuits had reached a contrary
result. Ibid. See In re Brucher,
243 F. 3d 242, 243-244 (CA6 2001); In re McKown, 203
F. 3d 1188, 1190 (CA9 2000); In re Dubroff, 119 F. 3d
75, 78 (CA2 1997); In re Carmichael, 100 F. 3d 375, 378
(CA5 1996).
We granted certiorari to resolve this division among the Courts of Appeals
regarding whether debtors can exempt IRAs from the bankruptcy estate under
11 U. S. C. §522(d)(10)(E). 541 U. S. 1085 (2004).
As a general matter, upon the filing of a petition for bankruptcy, “all
legal or equitable interests of the debtor in property” become the property
of the bankruptcy estate and will be distributed to the debtor’s creditors.
§541(a)(1). To help the debtor obtain a fresh start, the Bankruptcy Code
permits him to withdraw from the estate certain interests in property, such
as his car or home, up to certain values. See, e.g.,
§522(d); United States v. Security Industrial Bank,
459 U. S. 70, 72, n. 1 (1982). In this case, the Rouseys claimed their IRAs
as exempt under §522(d)(10)(E). Under the terms of the statute, see supra,
at 3, the Rouseys’ right to receive payment under their IRAs must meet
three requirements to be exempted under this provision: (1) the right to receive
payment must be from “a stock bonus, pension, profitsharing, annuity,
or similar plan or contract”; (2) the right to receive payment must
be “on account of illness, disability, death, age, or length of service”;
and (3) even then, the right to receive payment may be exempted only “to
the extent” that it is “reasonably necessary to support”
the accountholder or his dependents. §522(d)(10)(E).
The dispute in this case is whether the Rouseys’ IRAs fulfill
the first and second requirements. This Court implied that IRAs like the Rouseys’
satisfy both elements in Patterson v. Shumate, 504 U.
S. 753 (1992). There, in construing another section of the Bankruptcy Code,
this Court stated that IRAs could be exempted pursuant to §522(d)(10)(E). Id.,
at 762-763 (“Although a debtor’s interest [in an IRA] could not
be excluded under §541(c)(2) . . . , that interest nevertheless could
be exempted under §522(d)(10)(E)” (footnote omitted)). We now
reaffirm that statement and conclude that IRAs can be exempted from the bankruptcy
estate pursuant to §522(d)(10)(E).
We turn first to the requirement that the payment be “on account
of illness, disability, death, age, or length of service.” Ibid.
We have interpreted the phrase “on account of” elsewhere within
the Bankruptcy Code to mean “because of,” thereby requiring a
causal connection between the term that the phrase “on account of”
modifies and the factor specified in the statute at issue. Bank
of America Nat. Trust and Sav. Assn. v. 203 North LaSalle Street Partnership,
526 U. S. 434, 450-451 (1999). In reaching that conclusion, we noted that
“because of” was “certainly the usage meant for the phrase
at other places in the [bankruptcy] statute,” including the provision
at issue here—§522(d)(10)(E). Ibid. This
meaning comports with the common understanding of “on account of.”
See, e.g., Random House Dictionary of the English Language
13 (2d ed. 1987) (listing as definitions “by reason of,” “because
of”); Webster’s Third New International Dictionary 13 (1981) (hereinafter
Webster’s 3d) (same). The context of this provision does not suggest
that Congress deviated from the term’s ordinary meaning. Thus, “on
account of” in §522(d)(10)(E) requires that the right to receive
payment be “because of” illness, disability, death, age, or length
of service.
Jacoway argues that the Rouseys’ right to receive payment from
their IRAs is not “because of” these listed factors. In particular,
she asserts that the Rouseys can withdraw funds from their IRAs for any reason
at all, so long as they are willing to pay a 10 percent penalty. Thus, Jacoway
maintains that there is no causal connection between the Rouseys’ right
to payment and age (or any other factor), because their IRAs provide a right
to payment on demand.
We disagree. The statutes governing IRAs persuade us that the Rouseys’
right to payment from IRAs is causally connected to their age. Their right
to receive payment of the entire balance is not in dispute. Because their
accounts qualify as IRAs under 26 U. S. C. §408(a) (2000 ed. and Supp.
II), the Rouseys have a nonforfeitable right to the balance held in those
accounts, §408(a)(4). That right is restricted by a 10 percent tax penalty
that applies to withdrawals from IRAs made before the accountholder turns
591/2. Contrary to Jacoway’s
contention, this tax penalty is substantial. The deterrent to early withdrawal
it creates suggests that Congress designed it to preclude early access to
IRAs. The low rates of early withdrawals are consistent with the notion
that this penalty substantially deters early withdrawals from such accounts.[1]
Because the 10 percent penalty applies proportionally to any amounts
withdrawn, it prevents access to the 10 percent that the Rouseys would forfeit
should they withdraw early, and thus it effectively prevents access to the
entire balance in their IRAs.[2]It therefore limits the Rouseys’ right to “payment”
of the balance of their IRAs. And because this condition is removed when the
accountholder turns age 591/2,
the Rouseys’ right to the balance of their IRAs is a right to payment
“on account of” age.[3]The Rouseys no more have an unrestricted right to payment of the
balance in their IRAs than a contracting party has an unrestricted right to
breach a contract simply because the price of doing so is the payment of damages.[4]Accordingly, we concluded that the Rouseys IRAs provide a right
to payment on account of age.
In addition to requiring that the IRAs provide a right to payment “on
account of” age or one of the other factors listed in the statute, 11
U. S. C. §522(d)(10)(E) also requires the Rouseys’ IRAs to be “stock
bonus, pension, profitsharing, annuity, or similar plan[s] or contract[s].”
No party contends that the Rouseys’ IRAs are stock bonus, pension,
profitsharing, or annuity plans or contracts. The issue, then, is whether
the Rouseys’ IRAs are “similar plan[s] or contract[s]” within
the meaning of §522(d)(10)(E). To be “similar,” an IRA must
be like, though not identical to, the specific plans or contracts listed in
§522(d)(10)(E), and consequently must share characteristics common to
the listed plans or contracts. See American Heritage Dictionary of the English
Language 1206 (1981) (hereinafter Am. Hert.); Webster’s 3d 2120.
The Rouseys contend that IRAs are “similar” to stock bonus,
pension, profitsharing, or annuity plans or contracts, in that they have the
same “primary purpose,” namely, “enabl[ing] Americans to
save for their retirement.” Repy Brief for Petitioners 13. Jacoway
counters that IRAs are unlike the listed plans because those plans provide
“deferred compensation,” Brief for Respondent 22, whereas IRAs
allow complete access to deposited funds and are therefore not deferred at
all, id., at 22-24. We agree with the Rouseys that IRAs
are similar to the plans specified in the statute. Those plans, like the Rouseys’
IRAs, provide a substitute for wages (by wages, for present purposes, we mean
compensation earned as hourly or salary income), and are not mere savings
accounts. The Rouseys’ IRAs are therefore “similar plan[s] or
contract[s]” within the meaning of §522(d)(10)(E).
We turn first to the characteristics the specific plans and contracts
listed in §522(d)(10)(E) share. The Bankruptcy Code does not define the
terms “profitsharing,” “stock bonus,” “pension,”
or “annuity.” Accordingly, we look to the ordinary meaning of
these terms. United States v. LaBonte,
520 U. S. 751, 757 (1997); Perrin v. United
States, 444 U. S. 37, 42 (1979). A “profitsharing”
plan, of course, is “[a] system by which employees receive a share of
the profits of a business enterprise.” Am. Hert. 1045.[5]Profitsharing plans may provide deferred compensation, but they
may also be “cash plans” in which a predetermined percentage of
the profits is distributed to employees at set intervals. J. Langbein &
B. Wolk, Pension and Employee Benefit Law 48 (3d ed. 2000). A stock bonus
plan is like a profitsharing plan, except that it distributes company stock
rather than cash from profits. Id., at 49.[6]A pension is defined as “a fixed sum . . . paid under given
conditions to a person following his retirement from service (as due to age
or disability) or to the surviving dependents of a person entitled to such
a pension.” Webster’s 3d 1671.[7]Finally, an annuity is “an amount payable yearly or at other
regular intervals . . . for a certain or uncertain period (as for years, for
life, or in perpetuity).” Id., at 88.[8]
The common feature of all of these plans is that they provide income
that substitutes for wages earned as salary or hourly compensation. This
understanding of the plans’ similarities comports with the other types
of payments that a debtor may exempt under §522(d)(10)—all of which
concern income that substitutes for wages. See, e.g.,
§522(d)(10)(A) (“social security benefit, unemployment compensation,
or a local public assistance benefit”); §522(d)(10)(B) (“a
veterans’ benefit”); §522(d)(10)(C) (“disability, illness,
or unemployment benefit”); §522(d)(10)(D) (“alimony, support,
or separate maintenance”). But the plans are dissimilar in other respects:
Employers establish and contribute to stock bonus, profitsharing, and pension
plans or contracts, whereas an individual can establish and contribute to
an annuity on terms and conditions he selects. Moreover, pension plans and
annuities provide deferred payment, whereas profitsharing or stock bonus plans
may or may not provide deferred payment. And while a pension provides retirement
income, none of these other plans necessarily provides retirement income.
What all of these plans have in common is that they provide income that substitutes
for wages.
Several considerations convince us that the income the Rouseys will
derive from their IRAs is likewise income that substitutes for wages. First,
the minimum distribution requirements, as discussed above, require distribution
to begin at the latest in the calendar year after the year in which the accountholder
turns 701/2. Thus, accountholders
must begin to withdraw funds when they are likely to be retired and lack wage
income. Second, the Internal Revenue Code defers taxation of money held in
accounts qualifying as IRAs under 26 U. S. C. §408(a) (2000 ed. and Supp.
II) until the year in which it is distributed, treating it as income only
in such years. §§219, 408(e) (2000 ed. and Supp. II). This tax
treatment further encourages accountholders to wait until retirement to withdraw
the funds: The later withdrawal occurs, the longer the taxes on the amounts
are deferred. Third, absent the applicability of other exceptions discussed
above, withdrawals before age 591/2 are
subject to a tax penalty, restricting pre-retirement access to the funds.
Finally, to ensure that the beneficiary uses the IRA in his retirement years,
an accountholder’s failure to take the requisite minimum distributions
results in a 50-percent tax penalty on funds improperly remaining in the account.
§4974(a). All of these features show that IRA income substitutes for
wages lost upon retirement and distinguish IRAs from typical savings accounts.
We find unpersuasive Jacoway’s contention that the IRAs cannot
be similar plans or contracts because the Rouseys have complete access to
them. At bottom, this contention rests, as did her “on account of”
argument, on the premise that the tax penalty imposed for early withdrawal
is modest and hence not a true limit on the withdrawal of funds. As explained
above, however, that penalty erects a substantial barrier to early withdrawal.
Supra, at 6-7. Funds in a typical savings account,
by contrast, can be withdrawn without age-based penalty.
We also reject Jacoway’s argument that the availability of IRA
withdrawals exempt from the 10 percent penalty renders the Rouseys’
IRAs more like savings accounts. While Jacoway is correct that the Internal
Revenue Code permits penalty-free early withdrawals in certain limited circumstances,
26 U. S. C. §72(t)(2), these exceptions do not reduce the IRAs to savings
accounts.
The exceptions are narrow. For example, penalty-free early distributions
for health insurance premiums are limited to unemployed individuals who have
received unemployment compensation for at least 12 consecutive weeks and have
taken those distributions during the same year in which the unemployment compensation
is made. §72(t)(2)(D). These payments are further limited to the actual
amount paid for insurance for the accountholder, his spouse, and his dependents.
§72(t)(2)(D)(iii). The Internal Revenue Code likewise caps the amount
of, and sets qualifications for, both the higher education expenses and first-time
home purchases for which penalty-free early distributions can be taken. §§72(t)(2)(E),
72(t)(7) (higher education expenses); §§72(t)(2)(F), 72(t)(8) (home
purchases). The Internal Revenue Code also permits penalty-free distributions
to a beneficiary on the death of the accountholder or in the event that the
accountholder becomes disabled. §§72(t)(2)(A)(ii)-(iii).[9]
These exceptions are limited in amount and scope. Even with these carveouts,
an early withdrawal without penalty remains the exception, rather than the
rule. And as we explained in discussing the “on account of” requirement,
withdrawals from other retirement plans receive similar tax treatment.
Our conclusion that the Rouseys’ IRAs can be exempt under 11 U.
S. C. §522(d)(10)(E) finds support in clauses (i)-(iii) of §522(d)(10)(E).
These clauses bring into the estate certain rights to payment that otherwise
would be exempt under §522(d)(10)(E). They provide that a right to receive
payment cannot be exempt if:
“(i) such plan or contract was established by or under the auspices
of an insider that employed the debtor at the time the debtor’s rights
under such plan or contract arose;”
“(ii) such payment is on account of age or length of service;”
and
“(iii) such plan or contract does not qualify under section 401(a),
403(a), 403(b) or 408 of the Internal Revenue Code of 1986.”
Thus, clauses (i)-(iii) preclude the debtor from using this exemption
if an insider established his plan or contract; the right to receive payment
is on account of age or length of service; and the plan does not qualify under
the specified Internal Revenue Code sections, including the section that governs
IRAs, 26 U. S. C. §408 (2000 ed. and Supp. II).
As a general matter, it makes little sense to exclude from the exemption
plans that fail to qualify under §408, unless all plans that do qualify
under §408, including IRAs, are generally within the exemption. If IRAs
were not within 11 U. S. C. §522(d)(10)(E), Congress would not have referred
to them in its exception. McKown, 203 F. 3d, at 1190.
More specifically, clause (iii) suggests that plans qualifying under 26 U.
S. C. §408 (2000 ed. and Supp. II), including IRAs are similar plans
or contracts. The other sections of the Internal Revenue Code cited in clause
(iii)—§§401(a), 403(a), and 403(b)—all establish requirements
for tax-qualified retirement plans that take the form of, among other things,
annuities, profitsharing plans, and stock bonus plans. By grouping §408
with these other plans that are of the specific types listed in subparagraph
(E), clause (iii) suggests that IRAs are similar to them. Thus, the text
of these clauses not only suggests generally that the Rouseys’ IRAs
are exempt, but also supports our conclusion that they are “similar
plan[s] or contract[s]” under 11 U. S. C. §522(d)(10)(E).
* * *
In sum, the Rouseys’ IRAs fulfill both of §522(d)(10)(E)’s
requirements at issue here—they confer a right to receive payment on
account of age and they are similar plans or contracts to those enumerated
in §522(d)(10)(E). The judgment of the Court of Appeals is therefore
reversed, and the case is remanded for further proceedings consistent with
this opinion.
Internal Revenue Bulletin 2006-13
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