- 5 - From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., issued by PCB that shows Federal income tax withheld of $2,518. What petitioner did was to claim a deduction and a withholding credit for the same $2,518. Petitioner properly reported the amount as Federal income tax withheld. The Court concurs in respondent's determination that the deduction of the $2,518 as an amount forfeited as a penalty to a bank is improper. Additional Tax on Early Distributions Section 72(t)(1) provides for the imposition of a 10-percent additional tax on early distributions from qualified retirement plans with certain exceptions. Petitioner testified that he received the distribution of $25,180 in 1998 upon the oral advice of a bank employee. If he was going to make the QDRO distribution to his wife, "she said you have to take it all out. You can't take a part of it out without borrowing the money to replace it back." Unfortunately for petitioner, he relied on bad advice. Even if the advice were true, however, the operative provision offers him no relief. Section 72(t)(2) provides that the additional tax on early distributions shall not apply to certain types of distributions. One type of distribution that is not subject to the additional tax is "Payments to alternate payees pursuant to qualified domestic relations order". Sec. 72(t)(2)(C). Under thisPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011