Brent Allan Pulliam - Page 7

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          (Vol. 3) 1, 612-613.  Petitioner failed to prove to the Court               
          that the omission in the statute of an exemption from the                   
          additional tax under section 72(t) for financial hardships, as              
          opposed to those resulting from death or disability, was not                
          reasonable and, therefore, that the statute was not                         
          constitutional.  Whether Congress' distinction between financial            
          hardships and those caused by death or disability is a wise one             
          for policy, as opposed to constitutional, reasons is a matter for           
          petitioner to argue to Congress and not to this Court.                      
          Finally, petitioner argues generally that section 72(t) is                  
          contrary to public policy and is inequitable.  The Tax Court is a           
          court of limited jurisdiction and lacks general equitable powers.           
          Commissioner v. McCoy, 484 U.S. 3, 7 (1987); Hays Corp. v.                  
          Commissioner, 40 T.C. 436 (1963), affd. 331 F.2d 422 (7th Cir.              
          1964); see sec. 7442.  The Court has no authority to disregard              
          the express provisions of statutes adopted by Congress, even                
          where the result in a particular case seems harsh.  See, e.g.,              
          Estate of Cowser v. Commissioner, 736 F.2d 1168, 1171-1174 (7th             
          Cir. 1984), affg. 80 T.C. 783, 787-788 (1983).                              
               In view of the foregoing, the Court holds that petitioner is           
          liable for the 10-percent additional tax imposed by section                 
          72(t).  While the Court sympathizes with petitioner's financial             
          situation, the Court notes that petitioner's participation in the           
          two retirement plans was voluntary.  The decision to participate            





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