Robert Charles Fohrmeister - Page 9

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          possibility of recovery.  Therefore, we conclude that there is a            
          reasonable likelihood that petitioner will recover the property             
          in question.  Petitioner has also failed to offer any specific              
          evidence regarding the cost basis or fair market value of the               
          property involved.  For both reasons, petitioner is precluded               
          from claiming a casualty or theft loss with respect to 1991.  We,           
          therefore, sustain respondent's determination on this issue.                
          4.  Applicability of 10-Percent Penalty to Pension and IRA                  
          Distributions                                                               
               During 1991, petitioner terminated his employment with                 
          Strahman, citing concerns for his health.  Upon his termination             
          in 1991, petitioner received a distribution in the amount of                
          $27,080.21 from a pension plan.  Petitioner also received a                 
          distribution in the amount of $16,194.32 from an IRA.  Petitioner           
          reported these amounts as income on his return but did not report           
          the 10-percent additional tax as provided by section 72(t).                 
               Section 72(t) generally provides for a 10-percent additional           
          tax on a distribution from a qualified plan, unless the                     
          distribution comes within one of the statutory exceptions.  Sec.            
          72(t)(1) and (2).  At issue here is the exception provided in               
          section 72(t)(2)(A)(iii), pertaining to distributions                       
          attributable to an employee's being disabled within the meaning             
          of section 72(m)(7).7  Petitioner contends that the 10-percent              

          7  For the purposes of sec. 72(t), the term "employee" also                 
          refers to participants in individual retirement accounts.  Sec.             
          72(t)(5)                                                                    




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