- 7 - 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”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011