Dale Reid Edmonds - Page 10

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               defined in section 4974(c)), the taxpayer's tax under this             
               chapter for the taxable year in which such amount is                   
               received shall be increased by an amount equal to 10 percent           
               of the portion of such amount which is includible in gross             
               income.                                                                
          Section 4974(c) provides that the term "qualified retirement                
          plan" includes an "individual retirement account".  Sec.                    
          4974(c)(4).                                                                 
               The 10-percent additional tax, however, does not apply to              
          certain distributions.  Section 72(t)(2) exempts distributions              
          from the additional tax if the distributions are made:  (1) To an           
          employee age 59-1/2 or older; (2) to a beneficiary (or to the               
          estate of the employee) on or after the death of the employee;              
          (3) on account of disability; (4) as part of a series of                    
          substantially equal periodic payments made for life; (5) to an              
          employee after separation from service after attainment of age              
          55; (6) as dividends paid with respect to corporate stock                   
          described in section 404(k); (7) to an employee for medical care;           
          or (8) to an alternate payee pursuant to a qualified domestic               
          relations order.  Section 72(t)(3)(A) provides generally that               
          exceptions (5), (7), and (8) do not apply to distributions from             
          an IRA.                                                                     
               Petitioner received an early distribution of $500 from an              
          IRA during the year at issue, which the Court has held is                   
          includable in his gross income for that year.  Petitioner was               
          born on August 29, 1945; therefore, petitioner did not reach the            





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