Yes, Congress writes the tax laws and the IRS is responsible for interpreting them.  However, during the public comment period on the proposed 2022 rules many individuals and organizations argued that the IRS’s interpretation of Congressional intent re. the ten-year rule is incorrect and is not a straightforward reading of the SECURE Act.  The Congressional Report on the Act by the Committee on Ways and Means explicitly states that “the 10-year rule is the general rule for distributions to designated beneficiaries after death (regardless of whether the employee (or IRA owner) dies before, on, or after the required beginning date) unless the designated beneficiary is an eligible beneficiary as defined in the provision. Thus, in the case of an ineligible beneficiary, distribution of the employee (or IRA owner’s) entire benefit is required to be distributed by the end of the tenth calendar year following the year of the employee or IRA owner’s death.” There is no mention of required RMDs during years 1-9 and based on the Committee’s Report, it can be argued that the “at least as rapidly” standard was either eliminated or possibly incorporated into the ten-year rule.  All of this of course could be clarified if Congress passed a specific law or an amendment stating that RMDs are not required during the ten-year period.  But given that Congress is so dysfunctional right now and not likely to pass any meaningful tax legislation, it would be helpful in the meantime if the leaders of the tax writing committees clarifed what they think is the correct interpretation of the ten-year rule.  It might provide the IRS some cover to backoff their position and move toward a more straightforward interpretation of SECURE Act 1.0.

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