Stephen R. Jones - Page 7




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          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).                                                         








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