- 2 - 1998 Federal income tax. The issue is whether a distribution from petitioner’s retirement plan is includable in petitioner’s gross income.2 Petitioner resided in San Diego, California, at the time the petition was filed. Background From 1992 to 1999, petitioner was employed as a buyer for Smith & Nephew, Inc. Smith & Nephew established a retirement plan for its employees, which the parties stipulate qualifies as a section 401(k) plan. Fidelity Investments Institutional Operations Co., Inc. (Fidelity), provided administrative record- keeping services for petitioner’s retirement plan. Between 1993 and 1996, petitioner contributed elective tax-deferred amounts-- specifically, $5,520 in matched contributions and $1,692 in unmatched contributions. On May 15, 1998, respondent served a levy on Fidelity for unpaid taxes and statutory additions of $5,582.03 for the taxable year 1996 and sent petitioner a “Taxpayer’s Copy of Notice of Levy”. Fidelity complied with the levy and distributed $5,582.03 from petitioner’s retirement plan to respondent on June 19, 1998. 2 Respondent did not assess the 10-percent addition to tax for early withdrawals from qualified retirement plans. See sec. 72(t)(1) and (2)(A). For distributions made on account of a levy under sec. 6331 before Dec. 31, 1999, the Commissioner acquiesced following this Court’s decision in Murillo v. Commissioner, T.C. Memo. 1998-13, affd. without published opinion 166 F.3d 1201 (2d Cir. 1998), and no longer assesses the 10-percent addition to tax under sec. 72(t). See also Larotonda v. Commissioner, 89 T.C. 287 (1987).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011