106 T.C. No. 18 UNITED STATES TAX COURT ROBERT J. DWYER AND CATHERINE DWYER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2626-95. Filed May 15, 1996. P husband, age 53 at the time, made a premature withdrawal from his individual retirement account (IRA) in 1989. P was actively engaged as a stock trader specializing in trading corporate stock on a short-term basis throughout 1989. During the latter part of the year he was diagnosed as suffering from clinical depression. Held: Ps are liable for the 10-percent additional tax on the premature IRA withdrawal. Sec. 72(t), I.R.C. Although Ps claimed the exception for disability contained in sec. 72(t)(2)(A)(iii), I.R.C., P husband was not "disabled" within the definition of that term contained in sec. 72(m)(7), I.R.C. and sec. 1.72-17A(f), Income Tax Regs., since he was not prevented by his illness from engaging in any substantial gainful activity.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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