- 4 - limited exclusion is also available for distributions made to an employee for medical care expenses. See sec. 72(t)(2)(B). Petitioner's IRA was a qualified retirement plan. Petitioner did not roll over her IRA distribution and does not claim to fit within any of the statutory exceptions of section 72(t)(2). Petitioner testified that she was aware of the provisions of section 72(t) when she filed her 1995 income tax return but claims that she relied on erroneous advice she received from the Internal Revenue Service (IRS) when she called for information to prepare her return. In sum, petitioner contends that the application of section 72(t) in this case is inequitable because she made a good faith effort to correctly file her 1995 Federal income tax and relied on IRS advice. This Court has previously held that the authoritative sources of Federal tax law are statutes, regulations, and judicial case law and not informal IRS sources. See Zimmerman v. Commissioner, 71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d 1294 (2d Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458 (1972). Additionally, in order to ensure uniform enforcement of the tax law, the Commissioner must follow authoritative sources of Federal tax law and may correct mistakes of law made by IRS agents or employees. See Dixon v. UnitedPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011