Claudia J. Dunn - Page 4




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          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 to               






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