An individual who turned 70 1/2 in 2000 is preparing to take his first required minimum distribution sometime before April 1, 2001. Under the new proposed regs, however, 2000 remains the individuals "distribution calendar year" as defined in 1.401(a)(9)-5 A-1(B).

The new proposed regs provide that "For determining required minimum distribuitons for calendar year 2001, taxpayers may rely on these proposed regulations..."

My reading would be that the April 1, 2001 distribution for someone turnding age 70 1/2 in 2000 would still be a "required minimum distribution for calendar year 2001" even though it is based on a "distribution calendar year" of 2000?

Do you think that I can apply the new regs in this situation?

I just answered my own question-- Announcement 2001-18 took away this percieved loophole:


"For this purpose, distributions for calendar year 2001 do not include a distribution that is required to be made by April 1, 2001, for calendar year 2000, such as for an IRA owner or retired qualified plan participant who attains age 70 1/2 in 2000."