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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 on
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