- 2 - Court Rules of Practice and Procedure. Respondent determined a deficiency of $4,199 in petitioner’s 1998 Federal income tax. The issue for decision is whether petitioner is subject to the 10-percent additional tax under section 72(t)(1) on a distribution from a qualified retirement plan. Background Petitioner resided in Roseville, California, when the petition was filed. Prior to and during the year at issue petitioner worked as a registered nurse. At some point during 1998, petitioner apparently became convinced from watching television that, according to a recently enacted law, early distributions from qualified retirement plans no longer were subject to a 10-percent additional tax if the distributions were used to pay the taxpayer’s qualified higher education expenses. Petitioner telephoned respondent’s assistance number and spoke with a representative. As a result of her conversation with respondent’s representative, petitioner had the impression that the information she had heard on television was correct. Before hearing about the new law, petitioner had been considering continuing her education in order to advance her career as a nurse. After speaking with respondent’s representative, petitioner withdrew $41,993 from a qualified retirement plan account at the Lincoln National Life InsurancePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011