- 17 - Issue 4. Whether Petitioner Is Liable for the 10-Percent Additional Tax Under Section 72(t) on IRA Distributions Totaling $37,500 and $29,500 in 1995 and 1996, Respectively 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 72(t)(1) provides for a 10-percent additional tax on early 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) on 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 the joint lives (or joint life expectancies) of the employee and his designated beneficiary; (5) made to an employee after separation from service after attainment of age 55;4 (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. See sec. 72(t)(2)(B). 4This provision, codified at sec. 72(t)(2)(A)(v), is not applicable to early IRA distributions. See sec. 72(t)(3)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011