- 3 - 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, 59Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011