- 6 - premature distributions from the two qualified plans were exempt from the additional tax of section 72(t) because there are no competing claims from which a determination of priorities has to be made. Petitioner also contends that the limited exceptions to the section 72(t) additional tax violate his constitutional right of equal protection. Specifically, petitioner argues that the death and disability hardship exceptions to section 72(t) are "under- inclusive, denying exceptions for general hardship circumstances, thereby treating similarly situated persons in a substantially different manner." The "hardship exceptions" in section 72(t) for death and disability do not involve either a fundamental interest or a suspect classification. Accordingly, the proper level for review is the rational basis test--i.e., whether the classification bears a reasonable relationship to some legitimate government purpose. The legislative history of section 72 provides that the section was enacted to prevent the diversion of retirement savings for nonretirement purposes and to recapture a measure of the tax benefits provided by the deferral of income tax through retirement plans. At the same time, Congress recognized that it was appropriate to provide, under limited circumstances, an exemption from the tax for certain withdrawals on account of specified hardships. H. Rept. 99-426 (1985), 1986- 3 C.B. (Vol.2) 1, 727-729; S. Rept. 99-313 (1985), 1986-3 C.B.Page: Previous 1 2 3 4 5 6 7 8 Next
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