Winthrop B. and Sally L. Orgera - Page 8

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          any amount received from a qualified plan, unless it is:  Made              
          after the employee becomes 59-1/2 years old; made to a                      
          beneficiary after the employee's death; attributable to the                 
          employee's being disabled; part of a series of substantially                
          equal payments made no less than annually for the life of                   
          designated persons; made to an employee who is separated from               
          service after attaining age 55; a dividend paid with respect to a           
          stock described in section 404(k); made to an employee for                  
          medical expenses in accordance with section 72(t)(2)(B); or a               
          payment in connection with a qualified domestic relations order             
          in accordance with section 72(t)(2)(C).                                     
               Because petitioner was 54 years of age as of 1990 and none             
          of the other exceptions set forth in the provisions of section              
          72(t)(2) is satisfied, petitioners are liable for an additional             
          10-percent tax on the early distribution.                                   
               Under section 402(e), a lump-sum distribution made after the           
          employee attained the age of 59-1/2 was, in certain                         
          circumstances, eligible for income-averaging treatment.                     
          Petitioner was just 54 years old at the time of the distribution,           
          which renders him ineligible for income averaging under the                 
          express terms of section 402(e)(4)(B)(i).  See Cebula v.                    
          Commissioner, 101 T.C. 70 (1993).  Moreover, as explained infra,            
          the distribution was not a lump sum because less than the full              
          balance of the account was distributed during the year.                     






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