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unless otherwise provided, any amount paid or distributed from an
employee's trust described in section 401(a) is includable in the
recipient's gross income for the year of receipt in the manner
provided under section 72. These statutes apply to petitioner's
distribution.
Section 72(t) provides:
(1) Imposition of additional tax.--If any taxpayer
receives any amount from a qualified retirement plan
* * *, the taxpayer's tax * * * 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.
Section 72(t)(2) provides for certain exceptions to the
general rule contained in paragraph (1). Petitioner, however,
provided no evidence to suggest that she fit within any of these
enumerated exceptions. The legislative history suggests that one
of the reasons for enacting section 72(t) was to deter the use of
retirement savings for nonretirement use. H. Rept. 99-426
(1985), 1986-3 C.B. (Vol. 2) 1, 728-729; S. Rept. 99-313 (1986),
1986-3 C.B. (Vol. 3) 1, 612-613. Petitioner received an early
distribution from her profit sharing plan in taxable year 1990,
and petitioners' having failed to show that any of the exceptions
found in section 72(t)(2) apply, we find that petitioners are
liable for the 10-percent additional tax pursuant to section
72(t) as determined by respondent. See Aronson v. Commissioner,
98 T.C. 283 (1992).
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