Timothy W. and Suzanne M. Coffield - Page 6

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          the portion of such amount that is includable in gross income.              
          Section 72(t)(2) exempts distributions from the additional tax if           
          the distributions are made, inter alia, (1) to an employee age              
          59-1/2 or older; (2) to a beneficiary (or to the estate of the              
          employee) on or after the death of the employee; (3) on account             
          of disability; (4) as part of a series of substantially equal               
          periodic payments made for life; (5) to an employee after                   
          separation from service after attainment of age 55; or (6) as               
          dividends paid with respect to corporate stock described in                 
          section 404(k).                                                             
               None of the specifically enumerated exceptions in section              
          72(t)(2) applies to the distribution, and we have held that a               
          portion of the distribution must be included in petitioner's                
          gross income.  Accordingly, petitioners are liable for the                  
          additional tax imposed by section 72(t)(1) on the portion of the            
          distribution includable in gross income as determined by                    
          respondent.                                                                 
          Accuracy-related Negligence Penalty                                         
               In the notice of deficiency respondent determined that                 
          petitioners are liable for an accuracy-related penalty for                  
          negligence or disregard of the rules or regulations.  Section               
          6662(a) and (b)(1) impose an accuracy-related penalty equal to 20           
          percent of the portion of the underpayment of income tax that is            
          attributable to negligence.  Negligence includes the failure to             





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