- 2 - QDRO. Therefore, P is liable for tax on the entire lump-sum distribution. Held, further, P is liable for additional tax on the entire lump-sum as a result of the early distribution from a qualified retirement plan pursuant to sec. 72(t), I.R.C. John L. Onesto, for petitioner. Donald K. Rogers and Matthew J. Fritz, for respondent. MEMORANDUM OPINION NIMS, Judge:* Respondent determined a deficiency in the 1991 Federal income tax of petitioner Jerry L. Burton in the amount of $53,916, stemming from funds received by petitioner in connection with the closing of his retirement benefits accounts. A petition was filed on April 24, 1995. An Answer was filed on June 13, 1995. Respondent thereafter filed an Amendment to Answer, claiming an increased deficiency of $17,676 based upon section 72(t). Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The sole issue for decision is whether the portion of petitioner's retirement account distribution used to pay off the mortgage on petitioner's former residence and to pay his ex-wife *This case was reassigned to Judge Arthur L. Nims, III, by Order of the Chief Judge.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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