- 5 - an early distribution made before either petitioner attained the age of 59� years.3 Compare sec. 4974(c)(1) with sec. 7701(j)(1).4 Accordingly, the 10-percent additional tax applies 3 The total distribution from petitioner’s TSP was $27,880.04. Of this amount, $15,000 was rolled over into an IRA, and its tax treatment is not the subject of dispute in the present case. See sec. 402(c)(1), (5). 4 Sec. 4974(c)(1) provides: SEC. 4974(c). Qualified Retirement Plan.–-For purposes of this section, the term “qualified retirement plan” means-- (1) a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), * * * Similarly, sec. 7701(j)(1) provides: SEC. 7701(j). Tax Treatment of Federal Thrift Savings Fund.–- (1) In general.–-For purposes of this title-- (A) the Thrift Savings Fund shall be treated as a trust described in section 401(a) which is exempt from taxation under section 501(a); (B) any contribution to, or distribution from, the Thrift Savings Fund shall be treated in the same manner as contributions to or distributions from such a trust; and (C) subject to section 401(k)(4)(B) and any dollar limitation on the application of section 402(e)(3), contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011