- 3 - Company. Petitioner received the entire distribution in 1998. Petitioner included the distribution from her retirement plan in her income tax return for 1998. In a notice of deficiency dated March 8, 2001, respondent determined a deficiency of $4,199 in petitioner’s 1998 Federal income tax. Respondent determined that the entire distribution from petitioner’s retirement plan in 1998 is subject to the additional tax under section 72(t)(1). Discussion Section 72(t)(1) imposes a 10-percent additional tax on distributions from qualified retirement plans. Section 72(t)(2) lists specified exceptions to the imposition of the 10-percent additional tax. Under the exception described in section 72(t)(2)(E), distributions to an individual from a qualified retirement plan generally are not subject to the 10-percent additional tax to the extent the distributions do not exceed the individual’s qualified higher education expenses for the taxable year. Qualified higher education expenses include tuition, fees, books, supplies, and equipment required for enrollment or attendance of the taxpayer or the taxpayer’s spouse or child, among others, at an eligible educational institution. Secs. 72(t)(7)(A), 529(e)(3)(A). Under some circumstances, qualified higher education expenses also may include the costs of room and board. However, in the present case petitioner has failed toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011