- 6 - Therefore, in order for petitioner to prevail, she must show that the distributions fall under one of the exceptions under section 72(t)(2). With respect to section 72(t), this Court has repeatedly held that it is bound by the list of statutory exceptions enumerated in section 72(t)(2). See, e.g., Arnold v. Commissioner, 111 T.C. 250, 255-256 (1998); Schoof v. Commissioner, 110 T.C. 1, 11 (1998); Clark v. Commissioner, 101 T.C. 215, 224-225 (1993); Swihart v. Commissioner, T.C. Memo. 1998-407; Pulliam v. Commissioner, T.C. Memo. 1996-354; Roundy v. Commissioner, T.C. Memo. 1995-298, affd. 122 F.3d 835 (9th Cir. 1997). The exceptions relevant to the case at hand are found in section 72(t)(2)(D) and section 72(t)(2)(B). Section 72(t)(2)(D), provides that the following distributions are not subject to the additional tax: (i) In General.--Distributions from an individual retirement plan to an individual after separation from employment-- (I) if such individual has received unemployment compensation for 12 consecutive weeks under any Federal or State unemployment compensation law by reason of such separation, (II) if such distributions are made during any taxable year during which such unemployment compensation is paid or the succeeding taxable year, and (III) to the extent such distributions do not exceed the amount paid during the taxable year forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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