- 18 - be fulfilled by substantial compliance. [Citations omitted.] Rodoni v. Commissioner, 105 T.C. 29, 38-39 (1995); see also Taylor v. Commissioner, 67 T.C. 1071, 1077-1078 (1977). The present case is more like Rodoni v. Commissioner, supra, wherein we held to be fatal the failure to rollover distributions from a profit sharing plan to an IRA for the same person from whose plan the distributions were made. That type of error related to the essence of the statute in that case. Here, petitioners did not substantially comply with the requirements of rolling over their distributions into an IRA under section 408(a). Although we are sympathetic to petitioners' plight, we hold the distributions out of qualified IRA's to petitioners (in the case of petitioner Nurit Haramgaal, the distributions out of her qualified IRA and pension plan) are includable in petitioners' 1991 income. Section 72(t) imposes a 10-percent additional tax on premature distributions from retirement plans. Exceptions exist as provided under section 72(t)(2), including distributions made on or after the date the recipient reaches the age of 59-1/2. Sec. 72(t)(2)(A)(i). Petitioners, other than Gordon J. Schoof, William W. Agnew, Alice M. Johnson, Joe O. Baker, and Daurine M. Baker, are liable for the 10-percent additional tax because the record doesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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