T.C. Memo. 2004-111
UNITED STATES TAX COURT
JAMES J. MILNER AND MARILYN R. MILNER, Petitioners v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 5504-03. Filed May 4, 2004.
James J. Milner, pro se.
Kelley Blaine, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
SWIFT, Judge: Respondent determined an additional tax under
section 72(t) in the amount of $5,555 relating to petitioners’
1999 Federal income tax liability.
The issue for decision is whether petitioners are subject to
the 10-percent additional tax under section 72(t) with respect to
a $55,555 distribution from a qualified retirement plan.
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