- 2 - respondent was barred from issuing the notice of deficiency for the additional tax imposed by section 72(t); (2) whether respondent had conceded the additional tax under section 72(t) in a settlement prior to the issuance of the notice of deficiency; and (3) whether petitioners are liable for the additional tax under section 72(t) for distributions from individual retirement accounts (IRA) owned by petitioner Daniel R. Kallmyer (petitioner). Petitioners resided in Maineville, Ohio, at the time the petition was filed. Background The applicable facts may be summarized as follows.2 Prior to the distributions at issue, respondent assessed petitioners for delinquent taxes and sought to collect the amount due. According to petitioner, a revenue officer threatened to levy petitioner’s retirement accounts at Vanguard Fiduciary Trust Co., Star Bank Cust. Analysts Invest. Trust, and T. Rowe Price Trust Co. During 1996, petitioner caused the trustees of these accounts to make distributions of $42,870 from the accounts to petitioner. These distributions were deposited into petitioners’ checking account and commingled with other funds. Petitioners paid $15,000 to satisfy the previously assessed tax liability. 2 The facts are not in dispute, and the issues are primarily ones of law. Sec. 7491, concerning burden of proof, has no bearing on the issues at hand.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011