- 2 - is not reviewable by any other court, and this opinion should not be cited as authority. In the notice of deficiency, respondent determined the following deficiencies in Federal income taxes against petitioners for the years indicated: Year Deficiency 1995 $6,713 1996 8,000 1997 8,200 The sole issue for decision is whether petitioners are liable for the 10-percent additional tax on early distributions from qualified retirement plans under section 72(t)(1) for the years at issue and, more particularly, whether the distributions in question constitute “part of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the employee” within the intent and meaning of section 72(t)(2)(A)(iv).2 Some of the facts were stipulated. Those facts, with the annexed exhibits, are so found and are made part hereof. 2 Respondent also determined that a $17,125 loan to petitioners from one of their qualified plans during 1995 constituted a deemed distribution under sec. 72(p) and was also subject to the additional tax under sec. 72(t)(1). Petitioners did not challenge that adjustment at trial; consequently, the Court considers that adjustment as conceded by petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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