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Plans, IRA’s, Insurance Contracts, Etc., for the year 1996 reflecting the withdrawals from the IRA’s. The amounts withdrawn were reported on petitioner’s and Ms.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