- 18 - By virtue of subparagraph (2)(A) of section 72(t), the 10- percent additional tax does not apply to certain distributions. Specifically, petitioners rely on clause (2)(A)(v), which provides that the 10-percent additional tax does not apply to distributions "made to an employee after separation from service after attainment of age 55". (Emphasis added.) However, this clause does not apply in the present case because the Transfer Refund was paid to petitioner well before, and not after, he separated from service.16 Even though the result we reach here may seem harsh to petitioners, we may not ignore the plain language of the statute and, in effect, rewrite it in order to achieve what might be viewed by them as the more equitable result. See Hildebrand v. Commissioner, 683 F.2d 57, 58 (3d Cir. 1982), affg. T.C. Memo. 1980-532; Zadan v. Commissioner, T.C. Memo. 1993-85. After all, the power to legislate is exclusively the power of Congress and not of this Court or any other. See Iselin v. United States, 270 U.S. 245, 250 (1926). In view of the foregoing, we sustain respondent's determination that petitioners are liable for the 10-percent 16 We also observe that the Transfer Refund was paid to petitioner "on account of" his election to transfer from the Retirement System to the Pension System and not "on account of" his separation from the service. See Hylton v. Commissioner, T.C. Memo. 1995-27 (addressing the maxim "causa causae est causa causati"); see also Adler v. Commissioner, T.C. Memo. 1995-148, on appeal (4th Cir. 1995); Dorsey v. Commissioner, 1995-97; Brown v. Commissioner, T.C. Memo. 1995-93.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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