Thomas Mark Peaslee - Page 4




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          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).               


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