- 2 - Respondent determined a deficiency in petitioner’s 1997 Federal income tax in the amount of $3,886. The sole issue for decision is whether petitioner is liable for a 10-percent additional tax under section 72(t)(1) on a $38,855 distribution from an individual retirement account (IRA). Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference. At the time the petition was filed, petitioner resided in Phoenix, Arizona. In 1995, petitioner was employed as a manager at Alamo Rental Car in Nashville, Tennessee. Petitioner worked for Alamo for 12 years prior to March 1995, when he resigned due to failing health. At that time, petitioner moved back to Phoenix, Arizona, to be near his family. He did not consult with a medical doctor. Although petitioner’s illness was not confirmed until 1998, he was unable to work after March of 1995 as the symptoms of his illness increased. In 1998, petitioner confirmed, through an anonymous testing facility, that he has the human immunodeficiency virus (HIV) which has developed into the acquired immunodeficiency syndrome, or AIDS. Petitioner testified that he had symptoms in 1995, “and I knew what the problem was.” Petitioner also stated that “with HIV, you cannot start the--the longer you can wait to start medication the better, because you’re--the virus builds up resistance to the medication.” Petitioner was hospitalized in 1999 and has been onPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011