- 7 - relied on that promise, they suffered no detriment that is legally cognizable. Petitioners did not surrender any rights. Petitioners paid the tax that was lawfully owing and did not change any position to their detriment. 3. Liability for Section 72(t) Additional Tax Section 72(t) provides: (1) Imposition of additional tax.–- If any taxpayer receives any amount from a qualified retirement plan * * * 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. Section 72(t)(2) provides for exceptions to the additional tax, which petitioners concede are not applicable here. Petitioners argue, however, that their case is analogous to Larotonda v. Commissioner, 89 T.C. 287 (1987), in which this Court held that where the Commissioner levied on the taxpayer’s qualified retirement plan, the resulting distribution was not subject to the 10-percent premature distribution penalty imposed by then section 72(m)(5). We reasoned that the penalty provision was meant to discourage voluntary early withdrawals from qualified retirement plans and to discourage income averaging which could be achieved by deferring the timing of income until years with lower annual income amounts. Id. at 292. In deciding Larotonda we noted that “admittedly, this is a close question”; however, in light of the involuntary nature of the withdrawal andPage: Previous 1 2 3 4 5 6 7 8 9 Next
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