- 3 - On April 15, 2000, petitioners filed a Form 1040, U.S. Individual Income Tax Return, for the 1999 taxable year (1999 tax return). They reported “Total pensions and annuities” of $27,880 and included $12,880 of that amount as part of their total income for the 1999 taxable year. However, petitioners did not report any additional tax under section 72(t)(1) with respect to the $12,880 distribution from their TSP. Respondent issued petitioners a notice of deficiency dated September 10, 2002, determining a deficiency in Federal income tax of $1,288 for the 1999 taxable year. Respondent contends that, with respect to the $12,880.04 distribution from petitioner’s TSP, petitioners are subject to a 10-percent additional tax on an early distribution from a qualified retirement plan under section 72(t)(1). Petitioners contend that they are not subject to the 10- percent additional tax under section 72(t)(1) for one of two reasons. First, they rely upon Larotonda v. Commissioner, 89 T.C. 287 (1987), and contend that the form of the transaction complies with the requirements of the exception under section 72(t)(2)(E) when petitioners used $12,880.04 from the TSP to pay Villanova University for tuition and education fees during the 1999 taxable year. In the alternative, petitioners seek to disavow the transaction under the doctrine of substance over form. In other words, petitioners seek to recharacterize thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011