- 5 - In their pretrial memorandum, however, petitioners argue that the additional tax imposed under section 72(t)(1) constitutes a “penalty” the imposition of which in this case would create undue hardship on petitioners. Petitioners state that “Congress intended the law to be liberally applied in favor of the taxpayer in cases in which the taxpayer was forced to retire and forced to accept a distribution from the retirement plan.” Nothing in the legislative history of section 72(t) supports petitioners’ interpretation of the purpose of section 72(t)(1). To the contrary, the Senate Finance Committee, in the legislative history of section 408(f), the predecessor to section 72(t), stated that the purpose of the 10-percent additional tax was to discourage early distributions from retirement plans because “Premature distributions frustrate the intention of saving for retirement”. S. Rept. 93-383, at 134 (1974), 1974-3 C.B. (Supp.) 80, 213; see also H. Conf. Rept. 93-1280, at 339 (1974), 1974-3 C.B. 415, 500. The Senate Finance Committee went on to state that the purpose of the additional tax was to prevent such premature distributions. We find no authority in the Code, the legislative history, caselaw, or Internal Revenue Service notices and private letter 1(...continued) certain expenses for medical care. Petitioners stipulated that the $55,555 distribution petitioner received was not used for medical care.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011