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Good morning Denise:
Thank you for such a clear and organized analysis of the Benz case.&nbsp; For those of us not attuned to reading legal opinions, your description is very much appreciated.
I agree with you that when death or disability occurs, SEPP simply ends.&nbsp; Game over.&nbsp; I also think ... hope ... this rulling will extend to all of the other exceptons.&nbsp; That is only logical which, unfortunately, is foreign to the IRS and most Government agencies.
As to your point about reaching age 59 1/2 during a SEPP Plan and then possibly being relieved of completing the 5-year requirement, I don't see this as a relief point.&nbsp; SEPP rules are pretty much set ...&nbsp;5 complete years of distributions&nbsp;AND reaching actual age 59 1/2.&nbsp; I believe a previous Tax Court ruling established this as the rule and I don't see this ruling changing this point.
Now, if the IRS will get off their "high-horse," use some common sense for once,&nbsp;and write&nbsp;rules along&nbsp;the lines of&nbsp;your description, then we can see some sound logic in our Government ... something we desperately need today ... and clean up a lot of coufusion and save a bunch of money for those of us actually paying taxes!&nbsp; I would like to see IRS Pub 590 include some of your wording in the exception section.&nbsp; Maybe we need to teach them how operate the&nbsp;"cut-n-paste" function&nbsp;of a word processor.
Thanks again for you post.
Jim

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