- 5 -
exception applies. Instead, petitioner argues that he is not
liable for the 10-percent additional tax because he did not
voluntarily withdraw the funds.
In holding that the 10-percent penalty applies to early
distributions from the Civil Service Retirement System, the Court
of Appeals for the Ninth Circuit, to which any appeal in this
case would lie, stated in Roundy v. Commissioner, 122 F.3d 835,
837 (9th Cir. 1997), affg. T.C. Memo. 1995-298:
[Section 72(t)(1)] applies to any retirement
distribution, so long as it is not specifically
exempted and is from a "qualified retirement plan".
Petitioner has not disputed that the distribution in issue was
from a qualified retirement plan. This Court on numerous
occasions has considered circumstances in which taxpayers have
sought to avoid the 10-percent additional tax under section
72(t). We repeatedly have ruled that we are bound by the list of
statutory exceptions to section 72(t) contained in section
72(t)(2)(A). See, e.g., Clark v. Commissioner, 101 T.C. 215,
224-225 (1993); Vorwald v. Commissioner, T.C. Memo. 1997-15;
2(...continued)
periodic payments (not less frequently than
annually) made for the life (or life expectancy)
of the employee or joint lives (or joint life
expectancies) of such employee and his designated
beneficiary, or
(v) made to an employee after separation from
service after attainment of age 55, or
(vi) dividends paid with respect to stock of a
corporation which are described in section 404(k).
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