Leslie C. Booth - Page 4




                                          3                                           
          Booth could remodel her home.2  Petitioner does not have a record           
          of where the funds were transferred upon withdrawal.                        
               Petitioner did not roll over the IRA amounts into another              
          qualified employee retirement plan or individual retirement plan.           
          He received two Forms 1099-R, Distributions From Pensions,                  
          Annuities, Retirement or Profit-Sharing Plans, IRA’s, Insurance             
          Contracts, Etc., for the year 1996 reflecting the withdrawals               
          from the IRA’s.  The amounts withdrawn were reported on                     
          petitioner’s and Ms. Booth’s joint Federal income tax return.               
          Although the amount of the distribution was reported on the                 
          return, the 10-percent penalty for early withdrawal was not                 
          reported.  Petitioner, who was born on November 15, 1956, was 40            
          years of age in 1996 when the withdrawals were made.                        
               In a notice of deficiency, respondent determined a                     
          deficiency in the amount of $1,997.  This amount represented a              
          10-percent additional tax on IRA distributions pursuant to                  
          section 72.                                                                 
               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 408(d)(3) provides an            
          exception to the general rule for certain “rollovers” by the                



               2    The family home was Ms. Booth’s separate property                 
          before marriage.  Upon marriage, petitioner became a joint owner            
          of the home, and then upon divorce the home was awarded to Ms.              
          Booth.                                                                      





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011