Gregory Scott West - Page 3

                                        - 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 on           

Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011