Alphonse M. and Doris Esposito - Page 4

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          individual from an individual retirement plan to the extent such            
          distributions do not exceed the qualified higher education                  
          expenses * * * of the taxpayer for the taxable year.” (Emphasis             
          added.)  An “individual retirement plan” is defined as:  “(A) an            
          individual retirement account described in section 408(a), and              
          (B) an individual retirement annuity described in section                   
          408(b).”  Sec. 7701(a)(37) (an individual retirement plan is                
          commonly referred to as an IRA).  Section 72(t)(2)(E) was added             
          by section 203(a) of the Taxpayer Relief Act of 1997, Pub. L.               
          105-34, 111 Stat. 788, 809.  The Report of the Committee on the             
          Budget refers only to withdrawals from IRAs.  See H. Rept. 105-             
          148, at 288-289 (1997), 1997-4 C.B. (Vol. 1) 319, 610-611.  It is           
          undisputed that the retirement plan from which petitioner                   
          withdrew the $100,000 is a plan described in section 401(k), and,           
          therefore, the exception contained in section 71(t)(2)(E) does              
          not apply.                                                                  
               Petitioner relies on his interpretation of the instructions            
          to the 1998 Form 1040, U.S. Individual Income Tax Return, to                
          establish that section 71(t)(2)(E) is applicable.  The                      
          differences between a “qualified retirement plan” and an                    
          “individual retirement plan” may be subtle.  Nonetheless, they do           
          exist, and the authoritative sources of Federal tax law are the             
          statutes, regulations, and case law.  Green v. Commissioner, 59             








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