- 3 - obtained an extension of time within which to timely file his 1998 tax return. Discussion Distributions From Retirement Plans Section 72(t)(1) provides: If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer’s tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income. A “qualified retirement plan” is defined as, inter alia, “a plan described in section 401(a) which includes a trust exempt from tax under section 501(a)”. Sec. 4974(c)(1). Petitioner contends that the ESOP was not a qualified retirement plan. The record is devoid of any factual bases for this assertion. Furthermore, respondent introduced into evidence a letter from respondent that determined that the ESOP was a qualified retirement plan. See sec. 409. We find that the ESOP was a qualified retirement plan.3 With regard to the distribution from the section 401(k) plan, petitioner does not dispute that it was a qualified 3 Sec. 7491(a) provides that the burden of proof as to a factual issue shifts to respondent if petitioner introduces credible evidence as to that issue. Assuming, but not deciding that this issue is factual, petitioner did not introduce credible evidence to support a contrary position, and sec. 7491(a) is inapplicable.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011