James Christian Jensen - Page 7

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          is entitled for the year at issue to a deduction for his claimed            
          loss with respect to his radiology practice.                                
               We turn now to the 10-percent additional tax under section             
          72(t) that respondent determined for the year at issue with                 
          respect to the retirement plan distributions that petitioner                
          received from Vanguard during that year.  Petitioner acknowledges           
          that if the Court were to find that he must include those distri-           
          butions in his gross income for the year at issue, he is liable             
          for the 10-percent additional tax under section 72.  We have                
          found that petitioner is required to include in his gross income            
          for the year at issue the retirement plan distributions in                  
          question.  On the record before us, we find that petitioner is              
          liable for the 10-percent additional tax.                                   
               We turn finally to the accuracy-related penalty under                  
          section 6662(a).  Petitioner acknowledges that if the Court were            
          to find that he must include the retirement plan distributions in           
          question in his gross income for the year at issue and that he is           
          not entitled to a deduction for his claimed loss with respect to            
          his radiology practice, he is liable for the accuracy-related               
          penalty under section 6662(a).  We have found that petitioner is            
          required to include in his gross income for the year at issue               
          those distributions and that he is not entitled for that year to            
          any such deduction.  On the record before us, we find that                  
          petitioner is liable for the year at issue for the accuracy-                






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