Howard T. Owens, Jr., and Ann E. Owens - Page 4

                                        - 3 -                                         
          quarterly investment reports sent to Ann E. Owens on or about               
          June 10, 1999, and September 9, 1999.                                       
               Petitioners filed a joint Form 1040, U.S. Individual Income            
          Tax Return, for 1999.  On their return they included $20,049 as a           
          taxable pension distribution, based on the foregoing May 20th               
          withdrawal, but they did not report the 10-percent additional tax           
          attributable to a premature IRA withdrawal.  On August 22, 2001,            
          respondent issued to petitioners a notice of deficiency                     
          determining that they were liable for this additional tax in the            
          amount of $2,000.                                                           
                                     Discussion                                       
          I.  General Rules                                                           
               In general, section 408 governs the treatment of IRAs.                 
          Specifically, section 408(d) provides that distributions from an            
          IRA are taxable in the manner directed in section 72 unless                 
          properly rolled over within 60 days into another IRA or eligible            
          retirement plan.  Section 72 typically operates to include                  
          distributions in gross income, and subsection (t) provides for an           
          additional tax on premature distributions, reading as follows in            
          relevant part:                                                              
                    SEC. 72(t).  10-Percent Additional Tax on Early                   
               Distributions from Qualified Retirement Plans.--                       
                         (1) Imposition of additional tax.--If any                    
                    taxpayer receives any amount from a qualified                     
                    retirement plan (as defined in section 4974(c)),                  
                    the taxpayer’s tax under this chapter for the                     
                    taxable year in which such amount is received                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011