10-year averaging and Capital Gain Treatment

[Guest Iwonder]

With regard to lump sum distributions, would someone born after 1/1/37 be able to utilize 10-year averaging and capital gain treatment?

What is the fed reg/law that discusses 10-year averaging and capital gain treatment?

The reason I ask is that the tax notice from 2006 addresses lump sum distributions to those born after 1/1/36, but I would like to know if that changes each year and can not find any specific information.

[Bird]

That date is fixed; i.e. doesn't change each year. I think it goes all the way back to TRA '86 and the significance was that you had to be 50 before Jan 1, 1986.

[Guest mjb]

see IRS pub 575 and form 4972 for answers.