- 7 - Issue 2. Section 72(t) Additional Tax Section 72(t) imposes a 10-percent additional tax on early distributions from qualified retirement plans. Petitioner was not yet 59 1/2 when he withdrew the funds from his IRA and the evidence does not support the applicability of any other exception from tax under section 72(t)(2). Accordingly, petitioner is liable for the 10-percent additional tax on early withdrawal. Issue 3. Addition to Tax Under Section 6651 Respondent determined an addition to tax under section 6651(a) for petitioner’s failure to file his 1994 Federal income tax return timely based upon a rate of 25 percent. Section 6651(a)(1) imposes an addition to tax equal to 5 percent per month of the underpayment up to a maximum of 25 percent for untimely filed returns. This addition to tax is not imposed if the failure to file timely was due to reasonable cause and not due to willful neglect. Petitioner's 1994 Federal income tax return was due to be filed on April 15, 1995. Petitioner filed his 1994 Federal income tax return on July 15, 1996. The record in this case is void of any evidence of the reason for petitioner’s failure to file his return timely. Accordingly, we sustain respondent’s determination of an addition to tax under section 6651(a)(1).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011