- 6 - the portion of such amount that is includable in gross income. Section 72(t)(2) exempts distributions from the additional tax if the distributions are made, inter alia, (1) to an employee age 59-1/2 or older; (2) to a beneficiary (or to the estate of the employee) on or after the death of the employee; (3) on account of disability; (4) as part of a series of substantially equal periodic payments made for life; (5) to an employee after separation from service after attainment of age 55; or (6) as dividends paid with respect to corporate stock described in section 404(k). None of the specifically enumerated exceptions in section 72(t)(2) applies to the distribution, and we have held that a portion of the distribution must be included in petitioner's gross income. Accordingly, petitioners are liable for the additional tax imposed by section 72(t)(1) on the portion of the distribution includable in gross income as determined by respondent. Accuracy-related Negligence Penalty In the notice of deficiency respondent determined that petitioners are liable for an accuracy-related penalty for negligence or disregard of the rules or regulations. Section 6662(a) and (b)(1) impose an accuracy-related penalty equal to 20 percent of the portion of the underpayment of income tax that is attributable to negligence. Negligence includes the failure toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011