SECTION 3. REQUIREMENTS FOR

HARDSHIP EXCEPTION TO 60-DAY RULE

.01 Application to the Service. Except as provided in Section 3.03 below, a taxpayer must apply for a hardship exception to the 60-day rollover requirement using the same procedure as that outlined in Rev. Proc. 2003–4 for letter rulings, accompanied by the user fee set forth in Rev. Proc. 2003–8.

.02 Requirements for favorable ruling . The Service will issue a ruling waiving the 60-day rollover requirement in cases where the failure to waive such requirement would be against equity or good conscience, including casualty, disaster or other events beyond the reasonable control of the taxpayer. In determining whether to grant a waiver, the Service will consider all relevant facts

January 27, 2003 359 2003–4 I.R.B.

revenue procedure apply to distributions from an individual retirement plan described in § 408(a) or (b), a plan qualified under § 401(a), a § 403(a) annuity plan, a § 403(b) tax-sheltered annuity and a § 457 eligible governmental plan.