Patrick L. O'Brien - Page 3




                                        - 2 -                                         


               Respondent determined a deficiency in petitioner’s 1997                
          Federal income tax in the amount of $14,148, and a penalty under            
          section 6662(a) in the amount of $2,830.  Respondent conceded               
          that petitioner was not liable for $19,990 of additional income,            
          or for the section 6662(a) penalty.  The sole issue the Court               
          must decide is whether petitioner is liable for the 10-percent              
          additional tax under section 72(t).                                         
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioner resided in Schaumburg, Illinois, at the               
          time he filed his petition.                                                 
               In 1997, petitioner Patrick L. O’Brien (petitioner) received           
          a distribution of a rounded amount of $51,623 from a defined                
          benefit plan, and a distribution of a rounded amount of $27,846             
          from an employee stock ownership plan, for a total of $79,469.              
          Hereinafter, both distributions will be referred to as one                  
          distribution.  On his 1997 Federal income tax return, petitioner            
          reported that $37,848 of the $79,469 distribution was taxable.              
               Respondent determined that the section 72(t) additional tax            
          on early distributions applied to $79,467.  The parties                     
          stipulated that this amount should have been $79,469.  The                  
          difference appears to be due to rounding, and we shall use the              
          stipulated amount.  Respondent now concedes that $41,621 of the             
          distribution is not subject to the section 72(t) additional tax.            
          Therefore, respondent now asserts that only the taxable amount of           




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011