Ray C. and Bernadette B. Baas - Page 4




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          accounts were forfeited to the Federal Government, including                
          funds in an IRA.  This Court determined that the taxpayer was not           
          liable for the section 72(t) additional tax on those                        
          distributions because they were outside the class of early                  
          distributions Congress intended to discourage by enacting section           
          72(t).  Like Larotonda v. Commissioner, supra, Murillo involved a           
          surrender of funds held in an IRA to the Federal Government, and            
          this Court recognized a very limited exception to the provisions            
          of section 72(t).                                                           
               While there was a compulsion to withdraw funds in Larotonda,           
          Murillo, and in this case, compulsion is not the sole                       
          determinative factor, and we decline to extend the rationale of             
          those cases to the situation here.  Rather, this case is                    
          analogous to Czepiel v. Commissioner, T.C. Memo. 1999-289, affd.            
          by order (1st Cir., Dec. 5, 2000).  In that case, as here, the              
          taxpayer was incarcerated for failure to pay his former spouse a            
          pecuniary division of marital property.  The taxpayer withdrew              
          funds from an IRA to satisfy the judgment.  We held that under              
          those facts the taxpayer was subject to the additional tax under            
          section 72(t) and distinguished Larotonda and Murillo on the                
          ground that “the IRA distributions [in Czepiel] were not made               
          without any active participation by” the taxpayer.  Id.  That is            
          equally true of the distribution here.                                      








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