- 2 - Respondent determined a deficiency in petitioners’ 1999 Federal income tax of $1,288. The issue for decision is whether the 10-percent additional tax under section 72(t)(1) applies to the early distribution from petitioners’ Federal Employees’ Thrift Savings Plan. Some of the facts have been stipulated, and they are so found. The stipulation of facts and attached exhibits are incorporated herein by this reference. At the time of filing the petition, petitioners resided at Scranton, Pennsylvania. Background During the year in issue, John McGovern (petitioner) was a full-time student at Villanova University School of Law. Also during the year in issue, petitioner received a lump-sum distribution of $27,880.04 from his Federal Employees’ Thrift Savings Plan (TSP) and deposited that amount into a personal checking account. Petitioner rolled over $15,000 of that amount into an individual retirement account (IRA).1 Petitioner used the remaining $12,880.04 to pay tuition and education fees to Villanova University during the 1999 taxable year. Neither petitioner attained the age of 59� years during the 1999 taxable year. 1 Respondent did not determine a 10-percent additional tax as to this amount.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011