- 4 - $12,880.04 distribution from their TSP to Villanova University, arguing that this transaction was tantamount to first rolling over the $12,880.04 into an IRA and then distributing that amount to Villanova University. Discussion Petitioners filed the 1999 tax return on April 15, 2000; accordingly section 7491(a) is applicable in the instant case. Neither party takes a position as to whether the burden of proof has shifted to respondent under section 7491(a). We conclude that, based upon the record, respondent bears the burden of proof. Nevertheless, we further conclude that resolution of the issue whether the 10-percent additional tax applies to the $12,880.04 distribution from the TSP does not depend upon which party has the burden of proof. A 10-percent additional tax is imposed upon early distributions from a “qualified retirement plan”. Sec. 72(t)(1).2 In the present case, petitioner’s TSP is a qualified retirement plan, and the $12,880.04 distribution from his TSP was 2 Sec. 72(t)(1) provides: SEC. 72(t). 10-Percent Additional Tax on Early Distributions from Qualified Retirement Plans.-- (1) Imposition of additional tax.–-If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer’s tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includible in gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011