- 6 - to the $12,880.04 distribution unless an exception applies. Section 72(t)(2)(E) provides that the 10-percent additional tax does not apply to “Distributions to an individual from an individual retirement plan” for “qualified higher education expenses”. Petitioners contend that this exception applies to the present case. While the parties do not dispute that tuition payments made and education fees paid to Villanova University constitute “qualified higher education expenses”, the issue is whether the remaining requirements of section 72(t)(2)(E) are satisfied. The $12,880.04 distribution from petitioner’s TSP is not a distribution from an “individual retirement plan”. An IRA and a TSP are separately defined by the Internal Revenue Code. Section 7701(a)(37) provides that an IRA means “an individual retirement account described in section 408(a)”. Section 7701(j)(1) provides that a TSP is treated as a trust described in section 401(a). Compare sec. 7701(a)(37) with sec. 7701(j)(1).5 4(...continued) provisions of subchapter III of chapter 84 of title 5, United States Code, and section 8351 of such title 5, an election whether the contribution will be made to the Thrift Savings Fund or received by the employee or Member in cash. See also 5 U.S.C. sec. 8440(a)(1) (2000). 5 Sec. 7701(a)(37) refers to sec. 408 and provides: SEC. 7701(a). When used in this title, where not otherwise distinctly expressed or manifestly (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011