Andrew P. and Roseanne L. Gallagher - Page 4




                                        - 4 -                                         
          or individual retirement annuity for the benefit of the                     
          distributee within 60 days after the receipt of the distribution.           
          Petitioners do not qualify for the exception provided for in                
          section 408(d)(3), because petitioners did not roll over the                
          $6,000 IRA distribution into another IRA or other retirement                
          account but rather used the money to pay for personal expenses.             
               In general, the basis of an IRA is zero.  See sec. 1.408-              
          4(a)(2), Income Tax Regs.; see also Costanza v. Commissioner,               
          T.C. Memo. 1985-317.  Petitioners did not make any nondeductible            
          or excess contributions that would have increased their basis,              
          and, thus, petitioners’ tax basis in the IRA was zero.  See                 
          Patrick v. Commissioner, T.C. Memo. 1998-30, affd. 181 F.3d 103             
          (6th Cir. 1999).                                                            
               Section 72(t) provides for a 10-percent additional tax on              
          early distributions from an IRA.  The 10-percent additional tax,            
          however, does not apply to certain distributions.  Section                  
          72(t)(2) sets forth specific exemptions.  As the Court stated in            
          Arnold v. Commissioner, supra at 255:                                       
               The legislative purpose underlying the section 72(t)                   
               tax is that “premature distributions from IRAs                         
               frustrate the intention of saving for retirement, and                  
               section 72(t) discourages this from happening.”  Dwyer                 
               v. Commissioner, 106 T.C. 337, 340 (1996); see also S.                 
               Rept. 93-383, at 134 (1973), 1974-3 C.B. (Supp.) 80,                   
               213.                                                                   
               Petitioners do not argue that any of the statutory                     
          exceptions apply to them.  Petitioners, instead, seek relief from           






Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011