Joe M. and Patricia M. Brown - Page 26

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          is a qualified plan under section 401(a).  Additionally, the                
          account from which petitioner received his distribution in 1990             
          was a valid IRA under section 408(a).  Accordingly, absent an               
          applicable exception, the additional tax under section 72(t)(1)             
          applies to the distributions received by petitioners in both 1989           
          and 1990.                                                                   
               By virtue of paragraph (2)(A)(iii) of section 72(t), the 10-           
          percent additional tax does not apply, inter alia, to                       
          distributions attributable to the taxpayer's being disabled                 
          (within the meaning of section 72(m)(7)).                                   
               We have already decided that petitioner was disabled within            
          the meaning of section 72(m)(7) when he received the Transfer               
          Refund.  Accordingly, petitioners are not liable for the                    
          additional tax imposed by section 72(t) for either of the taxable           
          years in issue.                                                             
          IV. Excise Tax Issues                                                       
               We turn next to respondent's excise tax determinations.  We            
          begin with section 4973.                                                    
               Section 4973                                                           
               Section 4973(a) imposes a 6-percent excise tax on excess               
          contributions to an IRA.  As relevant herein, an "excess                    
          contribution" is the amount in excess of the amount allowable as            
          a deduction under section 219 (computed without regard to section           








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