Leslie C. Booth - Page 6




                                          5                                           
               Petitioner’s IRA’s were qualified retirement plans.                    
          Petitioner did not roll over his IRA distributions and does not             
          claim to fit within any of the statutory exceptions of section              
          72(t)(2).  Petitioner testified that he was made aware at                   
          meetings provided by Aetna regarding his IRA accounts that there            
          may be a tax because “you always have to pay taxes on something.”           
          Petitioner would have us consider his actions in light of his               
          recent legal difficulties in the Washington State courts.                   
               Petitioner has not contested on any specific ground                    
          respondent’s determination that he is liable for a 10-percent               
          additional tax on his 1996 IRA distributions.  Since petitioner             
          fails to qualify for any of the statutory exceptions under                  
          section 72(t)(2), we hold that petitioner is liable for the                 
          10-percent additional tax on distributions from a qualified                 
          retirement plan for 1996 as provided in section 72(t)(1).                   
          Respondent is sustained on this issue.                                      
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for respondent.                          













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