Thomas Mark Peaslee - Page 3




                                          3                                           
               Petitioner filed a 1993 Federal income tax return and                  
          calculated his Federal income tax to be $6,262.  Petitioner had             
          $2,090 in Federal income tax withheld and computed his remaining            
          Federal income tax liability to be $4,172.                                  
               Petitioner reported a distribution from his IRA in the                 
          amount of $14,505.08 on his 1993 Federal income tax return, but             
          did not pay a 10-percent additional tax on that distribution.               
               In a notice of deficiency dated January 31, 1997, respondent           
          determined a deficiency in the amount of $1,451.  This amount               
          represented a 10-percent additional tax on IRA distributions                
          pursuant to section 72.                                                     
                                       OPINION                                        
               Under section 408(d)(1), a distribution from an IRA is                 
          taxable to the distributee in the year of distribution in the               
          manner provided under section 72.  Section 408(d)(3) provides an            
          exception to the general rule for certain "rollovers" by the                
          distributee; namely, where a distribution is paid to the                    
          distributee, and the distributee transfers the entire amount of             
          the distribution to an IRA or an individual retirement annuity              
          within 60 days of receipt.                                                  
               Section 72(t)(1) provides for a 10-percent additional tax on           
          distributions from qualified retirement plans.  Section 72(t)(2)            
          excludes qualified retirement plan distributions from the 10-               
          percent additional tax if the distributions are:  (1) Made on or            
          after the date on which the employee attains the age of 59-1/2;             
          (2) made to a beneficiary (or to the estate of the employee) on             


Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011