- 5 - for the seven funds. Petitioner reduced that figure to 29 percent to allow for a “margin of error”. He used 5-year rates of return, where available, even when a fund had been in existence longer because, as he stated: “I figured a five-year return was reasonable for my purposes, you know, simply because the markets change considerably over time.” Petitioner began making monthly withdrawals out of his qualified accounts based on these calculations. He received distributions of $50,000 in 1995, $80,000 in 1996, and $82,000 in 1997. Petitioner admitted that the 1997 distribution of $82,000 was in error, and he corrected that error by reducing his distribution to $78,000 the following year, which year is not before the Court. In subsequent years, petitioner resumed his scheduled periodic distributions of $80,000 per year. On their Federal income tax returns for 1995, 1996, and 1997, petitioners reported the periodic distributions as income. The deemed distribution of $17,125 in 1995 was also reported as income on their 1995 return. Respondent thereafter determined that the distributions were subject to the 10-percent additional tax under section 72(t). Petitioner contends that the additional tax is not owed because the distributions were “part of a series of substantially equally periodic payments (not less frequently than annually) made for the life (or life expectancy) of the employee or thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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