2 Petitioners resided in Cary, North Carolina, at the time they filed their petition. The issues are: (1) Whether petitioners are liable for income tax on a distribution from a profit sharing plan pursuant to section 402(a); and (2) whether petitioners are liable for an early withdrawal penalty, on the same distribution, pursuant to section 72(t). FINDINGS OF FACT In 1991, Stephen M. Grow (petitioner) worked for Dun & Bradstreet, Inc. (Dun & Bradstreet) in Tampa, Florida, where he lived with his family. During 1991, Dun & Bradstreet transferred petitioner to Raleigh, North Carolina. Petitioner purchased a house in nearby Cary, North Carolina, in October 1991. Because petitioner was unable to sell his house in Tampa, he withdrew $29,000 from his profit sharing plan at Dun & Bradstreet to make a downpayment on the house in Cary. The withdrawal constituted approximately one-half of the value of petitioner's account. No portion of the withdrawn amount was rolled over into another retirement account. Dun & Bradstreet sent petitioner a Form 1099-R reporting taxable income in the amount of $26,110, consisting of the $29,000 withdrawal reduced by a prorated portion of petitioner's investment in the contract. On their jointly filed 1991 Federal income tax return, petitioners did not report any income as a result of the distribution. In the notice of deficiency, respondent determinedPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011