Steven M. and Michele E. Grow - Page 4

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            be included in gross income.  The Form 1099-R received by                                      
            petitioner excluded a proportionate share of petitioner's                                      
            investment in the contract.  Accordingly, we hold petitioners                                  
            underreported their gross income by $26,110 in 1991.                                           
                  Section 72(t)(1) imposes an additional tax on any amount                                 
            received from a qualified retirement plan, including a profit                                  
            sharing plan, equal to 10 percent of the portion of such amount                                
            which is includible in gross income.  Section 72(t)(2) exempts                                 
            distributions from the additional tax if the distributions are                                 
            made: (1) To an employee age 59-1/2 or older; (2) to a                                         
            beneficiary (or to the estate of the employee) on or after the                                 
            death of the employee; (3) on account of disability; (4) as part                               
            of a series of substantially equal periodic payments made for                                  
            life; (5) to an employee after separation from service after                                   
            attainment of age 55; or (6) as dividends paid with respect to                                 
            corporate stock described in section 404(k).                                                   
                  Petitioner received a distribution from a qualified                                      
            retirement plan.  None of the specifically enumerated exceptions                               
            in section 72(t)(2) apply to exempt the distribution from the                                  
            additional tax.  Therefore, we conclude petitioners are liable                                 
            for the additional tax imposed by section 72(t)(1) on the portion                              
            of the distribution includible in gross income.                                                
                  Petitioner asserts that the distribution should be exempt                                
            from income tax and/or the additional tax imposed by sections                                  
            402(a) and 72.  In support of this conclusion, petitioner argues                               




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