- 5 - States, 381 U.S. 68, 72 (1965); Massaglia v. Commissioner, 286 F.2d 258, 262 (10th Cir. 1961), affg. 33 T.C. 379 (1959). Though it is unfortunate that petitioner may have received unhelpful or incorrect tax advice from IRS employees, that advice does not have the force of law. Petitioner contends that her present financial hardship should relieve her from liability for the additional tax and asks this Court for relief. There is, however, no financial hardship exception to section 72(t). Petitioner has not shown error in respondent's determination that she is liable for a 10-percent additional tax on her 1995 IRA distribution. Since petitioner fails to qualify for any of the statutory exceptions under section 72(t)(2), we hold that petitioner is liable for the 10-percent additional tax on distributions from a qualified retirement plan for 1995 as provided in section 72(t)(1). Respondent is sustained on this issue. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011