- 14 - petitioners of this additional tax, we also sustain respondent's determination that petitioners are liable for the 10-percent additional tax imposed by section 72(t). See O'Connor v. Commissioner, T.C. Memo. 1994-170; Wheeler v. Commissioner, T.C. Memo. 1993-561; cf. Dorsey v. Commissioner, T.C. Memo. 1995-97; Brown v. Commissioner, T.C. Memo. 1995-93. III. Excise Tax Issues Finally, we turn to respondent's excise tax determinations. Section 4973(a) imposes a 6-percent excise tax on excess contributions to an IRA. As relevant herein, an "excess contribution" is the amount contributed in excess of the amount allowable as a deduction under section 219, exclusive of amounts properly rolled over tax free. Sec. 4973(b). As discussed above, because petitioner's Transfer Refund was not eligible for tax-free rollover treatment, so much of petitioner's IRA contribution in 1989 as exceeds $2,000 is subject to the excise tax under section 4973(a). Section 4980A(a) imposes a 15-percent excise tax on excess distributions from qualified retirement plans. As relevant herein, an "excess distribution" is defined as the aggregate amount of the retirement distributions with respect to any individual during any calendar year to the extent that such amount exceeds $150,000. Sec. 4980A(c)(1). Because petitioner's Transfer Refund exceeded $150,000, petitioner is also subject to this tax; however, petitioner is entitled to an offset for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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