- 8 - After petitioner was dismissed from employment at Robicon at the end of October 1999, she claims she received unemployment benefits for the remainder of 1999. However, petitioner also testified that she was “sporadically” employed between January and April 2000. Petitioner stated that she requested her 401(k) qualified retirement plan distribution in January 2000. Therefore, even if section 72(t)(2)(D) did apply to such distribution, based upon the record, this Court is unable to find that petitioner received unemployment compensation for 12 consecutive weeks in the year of the distribution or the preceding year as required by section 72(t)(2)(D)(i)(I). Petitioner has not substantiated receiving unemployment compensation for 12 consecutive weeks in the year of the distribution from her IRA or the preceding year. Id. Therefore, she has not fulfilled the requirements of section 72(t)(2)(D) with respect to her IRA, which would have enabled her to receive a portion of her IRA distribution without paying the 10-percent additional tax.3 We conclude that petitioner is not entitled to an exception under section 72(t)(2)(D) from the 10-percent additional tax imposed by section 72(t). See sec. 72(t)(2)(D). 3We note that even if petitioner had satisfied the requirements of sec. 72(t)(2)(D), the sec. 72(t)(2)(D) exception would have applied only to $7,723.60 of the $11,168 distribution, which was the amount substantiated as used to pay for health insurance premiums from January to October 2000, due to the fact that petitioner’s insurance was canceled retroactively to November 2000 for nonpayment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011