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MAGEN v. DEPARTMENT OF TREASURY

Docket No. 302771.

830 N.W.2d 807 (2013)

299 Mich. App. 566

MAGEN v. DEPARTMENT OF TREASURY.

Court of Appeals of Michigan.

Decided February 21, 2013.

Attorney(s) appearing for the Case

Lowe Law Firm, P.C. (by Richard C. Lowe , Okemos and Paul J. Cervenak , Lansing), and Michael Flintoff , Okemos, for plaintiff.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Heidi L. Johnson-Mehney , Assistant Attorney General, for defendant.

Before: M.J. KELLY, P.J., and WILDER and SHAPIRO, JJ.

SHAPIRO, J.

Defendant, the Department of Treasury, appeals as of right an order granting summary disposition in favor of plaintiff, Ruth Magen, regarding the taxability of distributions from a private individual retirement account (IRA) whose principal wholly originated in a nontaxable 403(b) retirement account. We affirm because placing otherwise tax-free money into an IRA does not create an obligation to pay taxes on that money.

Plaintiffs now-deceased husband...

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