- 5 - exceptions. As is relevant to the present case, section 72(t)(2)(A)(iii) provides an exception for distributions “attributable to the employee’s being disabled within the meaning of subsection (m)(7)”. Section 72(m)(7) provides: (7) Meaning of disabled.--For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require. Respondent first argues that petitioner was not “so impaired by depression during 1999 as to be unable to engage in substantial gainful activity”. The regulations provide: The substantial gainful activity to which section 72(m)(7) refers is the activity, or a comparable activity, in which the individual customarily engaged prior to the arising of the disability * * * . Sec. 1.72-17A(f)(1), Income Tax Regs. Respondent “acknowledges that petitioner began suffering from depression in 1997, and that due to her depressive illness, she was, at least for some period of time, unable to work.” There is no evidence in the record indicating that petitioner’s condition changed significantly from 1997 through the end of 1999. While the record lacks in details concerning petitioner’s medical condition throughout this period of time, it is clear that petitioner was unable to continue in her employment, despite an attempt to return to a comparable position with the U.S.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011