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(1) Is petitioner required to include in his gross income
for 1995 the distributions that he made during that year from his
individual retirement accounts (IRA's)? We hold that he is.
(2) Is petitioner liable for the 10-percent additional tax
under section 72(t)(1) with respect to the distributions referred
to above?1 We hold that he is.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
Petitioner Richard David Czepiel (Mr. Czepiel), who was born
on July 23, 1946, resided in Holyoke, Massachusetts, at the time
the petition was filed.
Mr. Czepiel married Kathleen Marie Quinlan (Ms. Czepiel) on
October 23, 1982. During their marriage, they had two children,
Sean and Ryan.
On January 11, 1995, the Probate and Family Trial Court for
the Commonwealth of Massachusetts (Family Court) entered a
judgment of divorce nisi (divorce judgment) which dissolved the
marriage of Mr. Czepiel and Ms. Czepiel. In the divorce judg-
ment, the Family Court, inter alia, ordered (1)(a) Ms. Czepiel to
convey to Mr. Czepiel all of her right, title, and interest in
1Unless otherwise indicated, all section references are to
the Internal Revenue Code (Code) in effect for the year at issue.
All Rule references are to the Tax Court Rules of Practice and
Procedure.
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