- 2 - Respondent determined a deficiency in petitioner’s Federal income tax of $510 for the taxable year 1999. The issue for decision is whether a qualified retirement plan distribution was attributable to petitioner’s being “disabled” within the meaning of section 72(m)(7), thereby excepting petitioner from liability for the section 72(t) additional tax. Some of the facts have been stipulated and are so found. The stipulations of fact and the attached exhibits are incorporated herein by this reference. Petitioner resided in Fayetteville, North Carolina, on the date the petition was filed in this case. Petitioner is employed by the U.S. Postal Service, but she generally has not been working there since becoming ill on February 19, 1997. Petitioner was hospitalized for depression in May 1997 and released in July of that year. Beginning in September 1997, petitioner began treatment with Dr. Seth Labovitz, a clinical psychologist with the Department of Veterans Affairs Medical Center in Salisbury, North Carolina. Dr. Labovitz determined that petitioner’s condition was at least in part work-related. In January 1998, Dr. Labovitz recommended that petitioner return to work on a full-time basis, but in a position with little or no supervisory responsibility. By letter dated May 15, 1998, petitioner was notified by the U.S. Department of Labor, Employment Standards Administration,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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