- 5 - first home purchase exception in section 72(t)(2)(F). Alternatively, petitioner contends that he had a basis in the amount distributed from his TESPHE account equal to the amount of his previous loan principal repayments and, therefore, that he is subject to the 10-percent additional tax only to the extent his 1999 TESPHE distribution exceeded his basis.3 Discussion4 Generally, section 72(t)(1) imposes an additional tax on early distributions from qualified retirement plans “equal to 10 percent of the portion of such amount which is includible in gross income.”5 The section 72(t) additional tax does not apply to certain distributions. For example, distributions that are made on or after the date on which the taxpayer attains the age of 59� are not “early” and therefore not subject to the additional tax. Sec. 72(t)(2)(A)(i). 3 Petitioner contends that if he is subject to the 10- percent additional tax, then he is subject to the additional tax only on $10,774 (the $50,674 distribution less the $39,900 total loan proceeds) as opposed to $50,674. 4 We decide the issue in this case without regard to the burden of proof. See sec. 7491; Rule 142(a); Higbee v. Commissioner, 116 T.C. 438 (2001). 5 As relevant to the present case, a “qualified retirement plan” includes a qualified pension or profit sharing plan under sec. 401(a). Sec. 4974(c)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011