James J. Milner and Marilyn R. Milner - Page 5

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               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.                                                               



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