- 5 - (E) Distributions from individual retirement plans for higher education expenses.-- * * * (F) Distributions from certain plans for first home purchases.-- * * * (3) Limitations.-- (A) Certain exceptions not to apply to individual retirement plans.--Subparagraphs (A)(v) and (C) of paragraph (2) shall not apply to distributions from an individual retirement plan. For purposes of the foregoing statute, section 4974(c) includes an IRA described in section 408(a) as a qualified retirement plan. II. Contentions of the Parties It is respondent’s position that petitioners’ IRA distribution falls within the terms specified in section 72(t)(1) for imposition of the 10-percent additional tax and that none of the exceptions enumerated in paragraph (2) apply on these facts. Petitioners concede that the $20,000 was withdrawn from the IRA of Ann E. Owens at a time she was only 58 years old and that the amount was not rolled over into another retirement account or plan. Additionally, petitioners have at no time contended that any of the exceptions set forth in section 72(t)(2) are applicable in their circumstances. Nonetheless, petitioners apparently believe that they should be relieved of the 10-percent additional tax on grounds of equity or fairness.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011