William L. Reese - Page 11

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          period for an amount transferred to the employee that is a frozen           
          deposit.  No portion of the 1992 distribution was a frozen                  
          deposit, see sec. 402(a)(6)(H)(ii), and, thus, as stated, the               
          rule is of no benefit to petitioner.                                        
                    5.  Conclusion                                                    
               Petitioner failed to roll over the 1992 distribution within            
          the 60 days prescribed by section 402(a)(5)(C) and, thus, is                
          taxable on that distribution for 1992 under the authority of                
          section 402(a)(1).                                                          
               B.  10-Percent Additional Tax on Early Distributions from              
               Qualified Retirement Plans                                             
               Section 72(t)(1) imposes an additional tax of 10 percent of            
          amounts received from qualified retirement plans (as defined in             
          section 4974(c)) that are includable in gross income.  Section              
          72(t)(2) contains certain exceptions.  Respondent determined that           
          such additional tax was due from petitioner on account of his               
          receipt of the 1992 distribution and the U.S. Trust Co.                     
          distribution.  With respect to the U.S. Trust Co. distribution,             
          respondent now concedes that only $638 of that distribution is              
          subject to the additional tax.                                              
               Petitioner has made no argument with respect to the section            
          72(t) additional tax, except by implication of his argument that            
          the 1992 distribution is not taxable.  We rejected that argument            
          supra section II.A. p.4, and petitioner has not proven that any             
          of the exceptions contained in section 72(t)(2) applies.                    





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