4 or after the death of the employee; (3) attributable to the employee's being disabled within the meaning of section 72(m)(7); (4) part of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the employee or joint lives (or joint life expectancies) of such employee and his designated beneficiary; (5) made to an employee after separation from service after attainment of age 55;1 or (6) dividends paid with respect to stock of a corporation which are described in section 404(k). A limited exclusion is also available for distributions made to an employee for medical care expenses. Sec. 72(t)(2)(B). Petitioner's IRA was a qualified retirement plan. Petitioner did not roll over his IRA distribution and does not claim to fit within any of the statutory exceptions of section 72(t)(2). Instead, petitioner testified that he was unaware of the provisions of section 72(t) and asks this Court for relief. Petitioner would also have us consider his actions in light of his recent legal difficulties in Oregon. In his petition to this Court, petitioner contested the amount of the deficiency and all "unlawful fines and/or penalties." Petitioner contends that in a separate action the Internal Revenue Service (IRS) levied upon petitioner's bank account because petitioner failed to pay his 1993 Federal income tax liability of $4,172 as shown on his return. At that time, 1 This provision, codified at sec. 72(t)(2)(A)(v), is not applicable to premature IRA distributions. Sec. 72(t)(3)(A).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011