- 2 - After a concession by respondent,2 the issues for decision are: (1) To what extent are petitioners taxable on withdrawals from an Individual Retirement Account (IRA) during 1992; and (2) whether petitioners are liable for the additional tax under section 72(t). The facts stipulated by the parties in the stipulation of facts and the supplemental stipulation of facts are incorporated herein by reference. Petitioners resided in Eagle Rock, California, at the time their petition was filed with the Court. During the years 1985 through 1992, petitioner Ronny H. Schmalzer (petitioner) was employed in the lithography business by various employers. Several of petitioner’s employers during this period had pension plans in which petitioner may have been eligible to participate or in which he did participate. On November 29, 1985, petitioner established an IRA with the purchase of a variable rate certificate at California Federal Savings and Loan. The record title for the certificate was “California Federal Savings and Loan as Trustee for Ronny H. Schmalzer Under the IRA League Retirement Plan”. The initial deposit for this certificate was $1,000.3 Subsequently from time 2 Respondent conceded that the petitioners are entitled to the mortgage interest deduction claimed on their return. 3 Although the certificate shows the initial maturity date to be May 28, 1985, we believe the date should have been May 28, 1987, as the renewal term for the certificate was 1-1/2 years.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011