§8440

Unlike the military fund, however, this fund is treated as a sec. 401(a) qualified trust for purposes of the Internal Revenue Code. Sec. 7701(j); 5 U.S.C. sec. 8440 (2000).

8440(a)(1) and (2) (2006). Pursuant to section 402(a), amounts actually distributed from a trust described in section 401(a) are taxable to the "distributee" under section 72, which generally provides for the current.taxation of distributions as ordinary income.8 As a general rule the term "distributee" means the participant or beneficiary who