Rhett B. and Sandra L. Ross - Page 11

                                       - 11 -                                         
               Based on existing case law, we hold that the Transfer Refund           
          does not qualify for tax-free rollover treatment under section              
          402(a)(5) because it does not constitute a qualified total                  
          distribution.                                                               
          II. Section 72(t) Additional Tax Issue                                      
               We turn next to respondent's determination that petitioners            
          are liable for the 10-percent additional tax imposed by section             
          72(t).                                                                      
               Section 72(t) provides for a 10-percent additional tax on              
          early distributions from qualified retirement plans.  Paragraph             
          (1), which imposes the tax, provides in relevant part as follows:           
                    (1) Imposition of Additional Tax.--If any taxpayer                
               receives any amount from a qualified retirement plan                   
               * * * the taxpayer's tax under this chapter for the                    
               taxable year in which such amount is received shall be                 
               increased by an amount equal to 10 percent of the                      
               portion of such amount which is includible in gross                    
               income.                                                                
               We have already sustained respondent's determination that              
          the taxable portion of the Transfer Refund is includable in                 
          petitioners' gross income in the year of receipt.  Because none             
          of the exceptions of section 72(t)(2) apply to relieve                      
          petitioners of this additional tax, we can see no alternative but           
          to sustain respondent's determination that petitioners are liable           
          for the 10-percent additional tax imposed by section 72(t).                 
               Petitioners argue, however, that there is an alternative.              
          First, petitioners contend that they have already paid the                  
          additional tax under section 72(t) on the taxable portion of the            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011