- 8 - the clear intent of Congress to prevent voluntary withdrawals, we decided that the penalty was inapplicable. Id. at 291. Petitioners’ reliance on Larotonda v. Commissioner, supra, is misplaced. Here, respondent did not levy on the retirement accounts. Petitioners made voluntary withdrawals from the accounts and then satisfied their delinquent tax liability by paying $15,000 out of those withdrawals. The excess withdrawals were used by petitioner for other purposes.4 We decline to extend the holding of Larotonda to circumstances such as here, where petitioners willingly made withdrawals from the retirement accounts and had actual possession of those distributions prior to using a portion of the distributions for the payment of the preexisting tax liability. See Czepiel v. Commissioner, T.C. Memo. 1999-289; cf. Murillo v. Commissioner, T.C. Memo 1998-13 (distributions from retirement accounts forfeited held not subject to the section 72(t) additional tax), affd. without published opinion on other issues 166 F.3d 1201 (2d Cir. 1998). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent. 4 Petitioner claims that $19,000 of the distributions was used to pay the tax incurred during the year from the distributions. The facts belie this assertion. Petitioners did not even report the distributions.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011