Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 14

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          petitioners of this additional tax, we also sustain respondent's            
          determination that petitioners are liable for the 10-percent                
          additional tax imposed by section 72(t).  See O'Connor v.                   
          Commissioner, T.C. Memo. 1994-170; Wheeler v. Commissioner, T.C.            
          Memo. 1993-561; cf. Dorsey v. Commissioner, T.C. Memo. 1995-97;             
          Brown v. Commissioner, T.C. Memo. 1995-93.                                  
          III. Excise Tax Issues                                                      
               Finally, we turn to respondent's excise tax determinations.            
          Section 4973(a) imposes a 6-percent excise tax on excess                    
          contributions to an IRA.  As relevant herein, an "excess                    
          contribution" is the amount contributed in excess of the amount             
          allowable as a deduction under section 219, exclusive of amounts            
          properly rolled over tax free.  Sec. 4973(b).  As discussed                 
          above, because petitioner's Transfer Refund was not eligible for            
          tax-free rollover treatment, so much of petitioner's IRA                    
          contribution in 1989 as exceeds $2,000 is subject to the excise             
          tax under section 4973(a).                                                  
               Section 4980A(a) imposes a 15-percent excise tax on excess             
          distributions from qualified retirement plans.  As relevant                 
          herein, an "excess distribution" is defined as the aggregate                
          amount of the retirement distributions with respect to any                  
          individual during any calendar year to the extent that such                 
          amount exceeds $150,000.  Sec. 4980A(c)(1).  Because petitioner's           
          Transfer Refund exceeded $150,000, petitioner is also subject to            
          this tax; however, petitioner is entitled to an offset for the              




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