- 3 - disputes this representation and contends that the amount was withheld to satisfy the early withdrawal penalty. (This contention, if valid, would mean $2,148.80 ($7,656.80 less $5,508) would remain unexplained. This point was not addressed at trial). On or about May 12, 1997, Union Bank issued petitioner a check in the amount of $33,428.29. The amount of the check reflected the 401(k) distribution of $55,404.63 less the $21,976.34 total withholdings made by Union Bank. About May 16, 1997, petitioner negotiated the check at a branch of First Union National Bank. Respondent’s position is that the $7,656.80 additional withholding from petitioner’s early 401(k) distribution was not in satisfaction of the section 72(t) 10-percent additional tax. Respondent states that the evidence proves that the $7,656.80 withholding made by Union Bank was a payoff in satisfaction of a loan and that petitioner is liable for the section 72(t) 10- percent additional tax. Early distributions from a qualified retirement plan are subject to a 10-percent additional tax, with exceptions not applicable in this case. Sec. 72(t). Petitioner does not contest that the section 72(t) 10-percent additional tax applies to the distribution of $55,404.63 made by Union Bank to him from his 401(k) account.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011