Howard T. Owens, Jr., and Ann E. Owens - Page 11

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          statutory amendments are effective only with respect to                     
          distributions made after December 31, 2001.  Economic Growth and            
          Tax Relief Reconciliation Act of 2001, sec. 644(c), 115 Stat.               
          123.  Moreover, even if applicable, the provisions do not speak             
          to this Court’s authority to waive the additional tax on                    
          premature withdrawals.  No similar amendments were made to the              
          list of exceptions in section 72(t)(2).                                     
               Second, petitioners direct our attention to Doing v.                   
          Commissioner, 58 T.C. 115 (1972).  In that case, the taxpayer               
          sought in 1966 to transfer his assets from one retirement plan to           
          another.  Id. at 119-120.  He requested in writing that the                 
          custodian of the first plan liquidate his investments and forward           
          the proceeds directly to the custodian for the new plan.  Id. at            
          120.  Thereafter, the custodian of the first plan, ignoring the             
          taxpayer’s instructions, sent the resultant check to the                    
          taxpayer, who promptly endorsed the instrument and had it                   
          forwarded to the new custodian.  Id. at 121-122.  The Court held            
          that the taxpayer was not liable for the penalty on premature               
          distributions under former section 72(m)(5).  Id. at 129-131.               
               Doing v. Commissioner, supra, is alas distinguishable from             
          petitioners’ situation.  As alluded to previously, cases decided            
          under former section 72(m)(5), which did not contain a detailed             
          list of exceptions comparable to present section 72(t), provide             
          little authority for departure from the current legislative                 






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