- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011