Brian P. Keeley and Mary G. Keeley - Page 8

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          petitioners did not compute the 10-percent additional tax imposed           
          by section 72(t).  However, petitioners attached to both returns            
          several letters from Mr. Keeley’s physicians and a statement as             
          follows:                                                                    
               Form 5329[8], Line 2 Distributions exempt from tax -                   
                    The taxpayer became permanently disabled in 1997                  
               with respect to his employment as an insurance broker                  
               as a result of neurological and spinal conditions,                     
               which prevent the taxpayer from engaging in customary                  
               substantial gainful activities (See medical opinions                   
               attached).  The taxpayer continues to be disabled.                     
               Accordingly, distributions from the taxpayer’s IRA                     
               account are not subject to the 10% penalty for early                   
               withdrawal.                                                            
               During the examination of petitioners’ returns, petitioners            
          received a letter dated September 25, 2000, from respondent’s tax           
          examiner stating that respondent does not “dispute the contention           
          regarding the taxpayer’s ability to perform substantial gainful             
          activity”, but contends that petitioners did not provide                    
          substantiation (physician’s letters) stating that “Mr. Keeley is            
          ‘totally and permanently’ disabled or his condition was expected            
          to result in death or to be of long continued or indefinite                 
          duration.”  Petitioners submitted a response referring to the               
          letters attached to petitioners’ returns and also attaching a               
          copy of Dr. Dillon’s letter dated October 24, 2000.                         

               8 Form 5329 is entitled “Additional Taxes Attributable to              
          Qualified Retirement Plans (Including IRAs), Annuities, Modified            
          Endowment Contracts, and MSAs”.  Part I of the form is entitled             
          “Tax on Early Distributions”.  A taxpayer would report on Line 2            
          of Part I of the form “Distributions excepted from additional               
          tax”.                                                                       





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