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active participation by petitioner. Petitioner initiated,
received, and controlled the withdrawals from his IRA's, which he
used to pay Ms. Czepiel the sum of $30,300 which the Family Court
ordered him to pay her, and the additional distribution from
petitioner's IRA's of $362 was made by BayBank in order to pay
that bank's fee for Mr. Czepiel's having made those premature
withdrawals.
On the record before us, we find that petitioner has failed
to show that the early withdrawal tax does not apply to the IRA
distributions totaling $30,662.5
To reflect the foregoing and the concessions of the parties,
Decision will be entered
under Rule 155.
5We have considered all of the contentions and arguments of
petitioner that are not addressed herein and find them to be
without merit and/or irrelevant.
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