- 9 - the $8,000 that he withdrew from IRA 2 to Ms. Czepiel's attorney. Consequently, on July 31, 1995, the Family Court ordered pe- titioner's release from jail. BayBank charged Mr. Czepiel a fee (premature withdrawal fee) in the amount of $362 for his having made premature distributions from his IRA's. BayBank charged that fee against the balances in those IRA's. The Internal Revenue Service did not receive petitioner's tax return for 1995 until March 17, 1997. In that return, petitioner included in his gross income $46,902 of wages but did not include therein any portion of the amounts totaling $30,662 that were distributed from his IRA's during that year (IRA distributions). In the notice of deficiency (notice) issued to petitioner for 1995, respondent determined, inter alia, that petitioner failed to include in his gross income $30,7622 which was dis- tributed from his IRA's during that year and that he is liable 2Respondent determined in the notice, and the parties stipu- lated and contend on brief, that petitioner's IRA distributions during 1995 totaled $30,762. We disagree. On the record before us, we have found that petitioner's IRA distributions consisted of the $22,300 which he withdrew from IRA 1, the $8,000 which he withdrew from IRA 2, and the $362 which was withdrawn from his IRA's to pay the premature withdrawal fee which BayBank charged Mr. Czepiel and that those distributions totaled $30,662. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011