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Petitioner was born on October 3, 1955. Therefore, at the
time of his "separation from service" from the convention center,
and at the time of the $4,822 distribution, petitioner was 37
years of age. Petitioner presented no evidence to show that any
of the other exceptions under 72(t)(2) applied to exclude the
distribution from the 10-percent additional tax provided for in
72(t)(1). The Court holds that petitioner is liable for the 10-
percent additional tax on early distributions from qualified
retirement plans under section 72(t). Respondent, therefore, is
sustained on this issue.
Decision will be entered
for respondent.
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Last modified: May 25, 2011