3 Petitioner filed a 1993 Federal income tax return and calculated his Federal income tax to be $6,262. Petitioner had $2,090 in Federal income tax withheld and computed his remaining Federal income tax liability to be $4,172. Petitioner reported a distribution from his IRA in the amount of $14,505.08 on his 1993 Federal income tax return, but did not pay a 10-percent additional tax on that distribution. In a notice of deficiency dated January 31, 1997, respondent determined a deficiency in the amount of $1,451. This amount represented a 10-percent additional tax on IRA distributions pursuant to section 72. OPINION Under section 408(d)(1), a distribution from an IRA is taxable to the distributee in the year of distribution in the manner provided under section 72. Section 408(d)(3) provides an exception to the general rule for certain "rollovers" by the distributee; namely, where a distribution is paid to the distributee, and the distributee transfers the entire amount of the distribution to an IRA or an individual retirement annuity within 60 days of receipt. Section 72(t)(1) provides for a 10-percent additional tax on distributions from qualified retirement plans. Section 72(t)(2) excludes qualified retirement plan distributions from the 10- percent additional tax if the distributions are: (1) Made on or after the date on which the employee attains the age of 59-1/2; (2) made to a beneficiary (or to the estate of the employee) onPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011