Norma A. Cohen - Page 7

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          petitioner’s IRA constituted taxable income to petitioner.                  
               Generally, under section 72(t)(1), a 10-percent additional             
          tax is imposed on a taxpayer on that portion of an early                    
          distribution from a qualified IRA that is includable in the                 
          taxpayer’s gross income.  Because we have concluded that the                
          $60,000 distribution constituted taxable income to petitioner and           
          because no exception applies, it follows that petitioner is                 
          liable for the 10-percent additional tax on the $60,000 early               
          distribution.                                                               
               Under section 6662, an accuracy-related penalty is to be               
          added to the portion of an underpayment of tax attributable to              
          negligence, to a disregard of rules or regulations, or to a                 
          substantial understatement of income tax.                                   
               Generally, for purposes of the accuracy-related penalty,               
          negligence includes a failure to make a reasonable attempt to               
          comply with the tax laws.  Sec. 6662(c).  Negligence is indicated           
          where a taxpayer fails to make a reasonable attempt to ascertain            
          the correctness of the claimed tax treatment of an item, does not           
          have a reasonable basis for such tax treatment, and does not act            
          with reasonable cause and in good faith with respect to such tax            
          treatment.  Secs. 1.6662-3(b)(1)(ii), 1.6662-3(b)(3), 1.6664-               
          4(a), Income Tax Regs.                                                      
               Under section 7491(c), respondent has the burden of                    
          production with respect to any penalty.  Once respondent comes              






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