Howard T. Owens, Jr., and Ann E. Owens - Page 6

                                        - 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          Petitioners concede that the $20,000 was withdrawn from the IRA             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