4 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 arguesPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011