- 7 -- 7 - of-pocket expenses. Because petitioners have failed to substantiate that the Smith payments were reimbursements for out- of-pocket expenses, we concur with respondent's determination as to this issue. Sec. 6001. In general, section 72 deals with the tax treatment of distributions from pensions, annuities, and IRAs. See secs. 72(a), (e), 408(d). Section 1.72-1(a), Income Tax Regs., provides that section 72 prescribes rules relating to the inclusion in gross income of amounts received under a life insurance, endowment, or annuity contract unless such amounts are specifically excluded from gross income under other provisions of chapter 1 of the Code. The burden is on petitioners to demonstrate that the payments in question fall into a specific statutory exclusion. See Commissioner v. Glenshaw Glass Co., 348 U.S. at 429-431. Under section 72(t), a 10-percent additional tax is imposed on an early distribution from a qualified retirement plan, to the extent that the distribution is includable in gross income.3 An exception to the additional tax is provided in section 72(t)(2)(B) for medical expenses. Section 72(t)(2)(B) provides 3 An early distribution with respect to a distributee who continues employment with the employer is one made before the employee attains the age of 59-1/2. See sec. 72(t)(2)(A)(i). It is unclear what the age of either petitioner was at the time of the distribution from the IRA. The Court concludes, based on the unrefuted assumptions made at trial and in the exhibits, that neither petitioner had attained the age of 59-1/2.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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