- 2 - OPINION OF THE SPECIAL TRIAL JUDGE ARMEN, Special Trial Judge: For the taxable year 1989, respondent determined a deficiency in petitioners' Federal income tax, as well as deficiencies in petitioners' Federal excise taxes under sections 4973 and 4980A,2 in the total amount of $34,974.34. The deficiency in income tax includes the 10-percent additional tax imposed by section 72(t) on early distributions from qualified retirement plans. The pivotal issue for decision is whether the distribution received by petitioner Rhett B. Ross in 1989 from the Maryland State Teachers' Retirement System qualifies for tax-free rollover treatment under section 402(a)(5). The resolution of this issue turns on whether the distribution constitutes a "qualified total distribution" as defined by section 402(a)(5)(E)(i). If we conclude that the distribution in question does not qualify for tax-free rollover treatment, then we must also decide whether petitioners are liable for the 10-percent additional tax under section 72(t).3 2 Sec. 4973 imposes a 6-percent excise tax on excess contributions to individual retirement accounts. Sec. 4980A imposes a 15-percent excise tax on excess distributions from qualified retirement plans. Both of these taxes are included within ch. 43 of the I.R.C. They are therefore subject to the deficiency procedures set forth in subch. B of ch. 63 of the I.R.C. See sec. 6211(a). 3 At trial, respondent conceded that the notice of deficiency overstates the amount of the deficiency in excise tax under sec. 4973 and that the correct amount of such deficiency is $4,080 rather than $4,200. On brief, respondent conceded that petitioner Sandra L. Ross is not liable for any deficiency in excise tax under either sec. 4973 or 4980A. At trial, petitioner Rhett B. Ross conceded liability for the 15-percent excise tax under section 4980A, and on brief he effectively conceded liability for the 6- percent excise tax under section 4973 by abandoning the issue. See Money v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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