9 represented loan proceeds.3 We find that petitioner failed to report taxable income in the amount of $580 from DOA. Respondent is sustained on this issue. Issue 5. Penalty for Premature Distribution Respondent determined that petitioners were liable for a 10- percent penalty in the amount of $1,787.58 under section 72(t) on premature distributions of $16,831.81, $464, and $580 from qualified plans. Petitioners dispute this determination. Section 72(t) provides for a 10-percent additional tax on distributions from qualified plans, unless the distributions come within one of the statutory exceptions. Sec. 72(t)(1) and (2). The exceptions include certain distributions: (1) Made on or after the date on which an employee attains the age of 59-1/2; (2) made to an employee after separation from service and the attainment of age 55; (3) to a beneficiary on or after the death of an employee; (4) attributable to an employee's disability; and (5) to an employee to the extent they do not exceed certain deductible medical expenses. Sec. 72(t)(2)(A) and (B). 3 Because petitioner conceded this issue up until trial, respondent was not prepared to refute petitioner's argument with supporting documents. Nevertheless, respondent suggests that the $580 may represent a forgiveness by DOA of an unpaid portion of a loan taken by petitioner. As a general rule, a debtor excused from an obligation to repay must include the amount forgiven in his or her gross income. See sec. 108. Although we find respondent's suggestion credible, without more, we are unable to say with certainty that such a scenario is more likely than not.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011