- 12 - a taxable event for petitioner that was not covered by section 408(d)(6).7 See Czepiel v. Commissioner, T.C. Memo. 1999-289. Issue 2. Section 72(t)(1) Additional Tax Respondent determined that the distributions made to petitioner out of his IRA’s were subject to the 10-percent additional tax on early withdrawals from an IRA imposed by section 72(t).8 Section 72(t)(1) imposes a 10-percent additional tax on early distributions from qualified retirement plans. A qualified retirement plan includes an IRA. Secs. 408(a), 4974(c)(4). Section 72(t)(2)(A) lists the types of distributions to which the additional tax does not apply. Petitioner has the burden of proving his entitlement to any of these exceptions. See Matthews v. Commissioner, 92 T.C. 351, 361-362 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990). Petitioner has not produced any 7Sec. 408(d)(6) governs the transfer of an “individual’s interest” in an IRA. It does not address distributions. In contrast, distributions from a qualified pension plan pursuant to a qualified domestic relations order may be reallocated to a spouse (designated as the “alternate payee” and considered a plan “beneficiary”). See sec. 402(e)(1)(A); 29 U.S.C. sec. 1056(d)(3)(J) (1993). 8Sec. 72(t)(1) provides: Imposition of additional tax.--If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer’s tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011