- 4 - 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.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011