- 3 - 2. Whether petitioner is subject to the 10-percent additional tax for early distributions under section 72(t). We hold he is. 3. Whether petitioner is liable for the negligence accuracy-related penalty. We hold he is, but only as to the conceded items. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts are rounded to the nearest dollar. Background The stipulation of facts and the exhibits submitted therewith are incorporated herein by this reference. Petitioner was born on August 23, 1944. He resided in California when the petition in this case was filed. Petitioner was formerly married. He and his former spouse were granted a Judgment of Dissolution of Marriage (dissolution judgment) on August 17, 1992. The dissolution judgment stated: “IT IS FOUND that all of MICHAEL BUNNEY’S retirement valued at approximately $120,000 was accumulated by the parties prior to their separation and ordered to be divided equally between the parties.” Petitioner’s retirement savings consisted of several IRA accounts. The money used to fund petitioner’s IRA’s had beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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