Robert C. and Nancy L. Arnold - Page 6

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                         annually) made for the life (or                               
                         life expectancy) of the employee or                           
                         the joint lives (or joint life                                
                         expectancies) of such employee and                            
                         his designated beneficiary * * *                              
               Section 72(t)(4)3 dictates, however, that if the series of              
          substantially equal periodic payments (which otherwise is excepted           
          from the 10-percent tax) is subsequently modified (other than by             
          reason of death or disability) within a 5-year period beginning on           
          the date of the first distribution, then the 10-percent tax under            


               3    Sec. 72(t)(4) states in part:                                      
               (4) Change in substantially equal payments.--                           
                    (A) In general.--If--                                              
                         (i) paragraph (1) does not apply                              
                         to a distribution by reason of                                
                         paragraph (2)(A)(iv), and                                     
                         (ii) the series of payments under                             
                         such paragraph are subsequently                               
                         modified (other than by reason of                             
                         death or disability)--                                        
                              (I) before the close of                                  
                              the 5-year period                                        
                              beginning with the date                                  
                              of the first payment and                                 
                              after the employee                                       
                              attains age 59-1/2, or                                   
                              (II) before the employee                                 
                              attains age 59-1/2,                                      
               the taxpayer's tax for the 1st taxable year in which                    
               such modification occurs shall be increased by an                       
               amount, determined under regulations, equal to the tax                  
               which (but for paragraph (2)(A)(iv)) would have been                    
               imposed, plus interest for the deferral period.                         




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