- 3 - During February 1999, petitioner suffered illness from exposure to chemicals used to fumigate her leased living quarters. Petitioner reached agreement with her landlord to be released from her lease obligation in exchange for her releasing her landlord for any responsibility for her illness. On March 1, 2002, respondent timely issued a notice of deficiency to petitioner. In the notice of deficiency respondent determined that petitioner was liable for the 10-percent additional tax with respect to the $9,514 distribution. OPINION Section 72(t)2 imposes a 10-percent additional tax on early distribution from qualified retirement plans. There is no dispute about the distribution’s being “early” and otherwise subject to the 10-percent additional tax. The question we consider is whether petitioner qualified for the exception from the 10-percent additional tax under section 72(t)(2)(B). That section provides for an exception from the 10-percent additional tax for distributions made to employees “to the extent such distributions do not exceed the amount allowable as a deduction under section 213 to the employee for amounts paid during the taxable year for medical care (determined without regard to whether the employee itemizes deductions for such taxable year).” Respondent did not question petitioner’s claim that 2 All section references are to the Internal Revenue Code as amended and in effect for the period under consideration.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011