Larry Joe Mills - Page 4

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          Information"; and (4) "Withholding Election".  In the                       
          "Distribution Reason" section, box number 1 was checked for                 
          "Premature Distribution.  Under 59-1/2 and no other exceptions              
          apply".  Under "Withholding Election", the box was checked for "I           
          elect to have Federal income tax withheld from my IRA                       
          distribution (10% withholding)".  The amount of $2,518 is listed            
          in the "Payment Information" section as the amount of Federal               
          income tax withheld and the net distribution is listed as                   
          $22,662.                                                                    
               On January 12, 1998, pursuant to the terms of the QDRO,                
          $17,895 was distributed from petitioner's IRA at PCB to his                 
          former wife.  At the same time, the balance of the IRA, $25,180,            
          was distributed to petitioner as described above.  Petitioner was           
          not yet 59-1/2 years old at the time of the distribution.                   
               PCB issued to petitioner a Form 1099-R, Distributions From             
          Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs,              
          Insurance Contracts, etc., showing a gross and taxable                      
          distribution of $25,180 and Federal income tax withheld of                  
          $2,518.  Petitioner filed his Federal income tax return for 1998            
          in which he reported the distribution of $25,180 as income on               
          line 15b.  Petitioner, however, deducted on line 30, "Penalty on            
          early withdrawal of savings", $2,518, and failed to report any              
          amount in the "Other Taxes" section on line 53 of his return,               
          "Tax on IRAs, other retirement plans, and MSAs.  Attach Form 5329           






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