Malia Kristy Ambata - Page 3

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               Respondent determined a deficiency of $1,720 in petitioner’s           
          Federal income tax for 2002.  The issue for decision is whether             
          petitioner’s higher education expenses incurred in 2003 and 2004            
          can be applied to reduce the amount of a distribution in 2002               
          subject to the 10-percent additional tax of section 72(t)(1).               
                                     Background                                       
               Some of the facts have been stipulated, and the stipulated             
          facts are incorporated in our findings by this reference.                   
          Petitioner resided in Spokane, Washington, at the time that she             
          filed her petition.                                                         
               Petitioner withdrew $17,200 from her individual retirement             
          plan with Putnam Investments (Putnam) in 2002.  Petitioner                  
          planned to use the money for college expenses.  However,                    
          petitioner did not enroll in college until 2003.                            
               Petitioner timely filed Form 1040A, U.S. Individual Income             
          Tax Return, for 2002.  Petitioner reported the $17,200                      
          distribution from Putnam; however, she did not report the 10-               
          percent additional tax under section 72(t)(2)(E).  The IRS                  
          determined that petitioner received an early distribution from              
          her qualified retirement plan and that the taxable amount of                
          this early distribution was subject to a 10-percent additional              
          tax on the taxable amount.                                                  









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