Jeffrey Thomas Olup and Louise Marie Olup - Page 3

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          is not reviewable by any other court, and this opinion should not           
          be cited as authority.                                                      
               Respondent determined a deficiency in petitioners’ Federal             
          income tax for the taxable year 2002 of $986.  Hereinafter                  
          references to petitioners individually are to Mr. Olup or Mrs.              
          Olup.                                                                       
               The sole issue for decision is whether petitioners are                 
          liable, under section 72(t), for the 10-percent additional tax on           
          an early distribution from Mr. Olup’s individual retirement                 
          account (IRA).  We hold that they are.                                      
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  We incorporate by reference the parties’ stipulation of             
          facts and accompanying exhibits.                                            
               At the time that the petition was filed, petitioners resided           
          in Monongahela, Pennsylvania.                                               
               In April 1995, Mr. Olup purchased a townhouse in Cecil                 
          Township, Pennsylvania.  The townhouse was Mr. Olup’s principal             
          residence from April 1995 to April 2003.  At all relevant times,            
          Mr. Olup was the sole owner of this townhouse.                              
               Petitioners met in January 2000.2  At that time, Mrs. Olup             
          had resided continuously with her parents in Monessen,                      



               2  At that time, Mrs. Olup was 24 years old.                           





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