- 10 - their 2000 adjusted gross income was $4,076. Thus, petitioner’s expenses paid for medical care in 2000 did not satisfy the requirements of section 72(t)(2)(B). Therefore, the distributions do not fall under the exception of section 72(t)(2)(B). Finally, petitioner contends that, because of her financial hardship, the $11,168 should not be subject to the 10-percent additional tax imposed by section 72(t). Petitioner seeks relief from the 10-percent additional tax imposed on her distributions based on her financial hardship. There is, however, no hardship exception in the controlling statute, section 72(t). This principle has been applied consistently in cases dealing with premature IRA distributions. See Arnold v. Commissioner, 111 T.C. at 255; Gallagher v. Commissioner, T.C. Memo. 2001-34; Deal v. Commissioner, T.C. Memo. 1999-352; Pulliam v. Commissioner, T.C. Memo. 1996-354. Thus, the IRA distribution received by petitioner is subject to the 10-percent additional tax under section 72(t). Moreover, petitioner alluded that her requests for her distributions in 2000 were based on reliance of advice given to her by her accountant. The authoritative sources of Federal tax law are the statutes, regulations, and judicial decisions. Zimmerman v. Commissioner, 71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d 1294 (2d Cir. 1979); Green v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011