- 9 - duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require. Respondent argues that petitioners’ claim that Mrs. Jacobsen was disabled is inconsistent with her performance of services in Mr. Jacobsen’s business during 1997. Mr. Jacobsen explained that Mrs. Jacobsen’s activities in relation to his business were therapeutic, and we do not believe that a performance of office and administrative tasks at home is inconsistent with disability resulting from heart disease. We disallowed deductions for car and truck expenses partly because the substantial expenses that were claimed to be business related were unreasonable during the time that petitioners were dedicated to the care of Mrs. Jacobsen. We are satisfied that she was disabled for purposes of section 72(t) and that petitioners are not liable for the additional tax on the distribution from her retirement plan. Mr. Jacobsen, however, relies on section 72(t)(2)(iv), with respect to the distribution from his retirement plan, claiming that the payments that he received over a period of years were substantially equal. Under Internal Revenue Service Notice 89-25, Q&A No-12, 1989-1 C.B. 662, 666, there are three methods that may be used to calculate substantially equal annual periodic payments: (1) Any method that would be acceptable for purposes of calculating the minimum distribution required under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011