Kurt Steven and Juanita Fay Urban - Page 5

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          1998, petitioners stipulated that they paid and incurred                    
          qualified higher education expenses of $15,716.                             
               Mr. Urban turned 48 years old in 1998 and was not disabled             
          at any time during that year.                                               
               C.  Form 1040                                                          
               Petitioners timely filed a Form 1040, U.S. Individual Income           
          Tax Return, for 1998.  Petitioners attached to the Form 1040,               
          inter alia, Schedule A, Itemized Deductions.  On line 8 of                  
          Schedule A, petitioners claimed a deduction “Excise tax on sale             
          of WA residence” in the amount of $12,209.3                                 
               Petitioners properly reported on line 15b of the Form 1040             
          the $30,000 distribution from Mr. Urban’s IRA as taxable income.            
          Petitioners did not report on their return the 10-percent                   
          additional tax imposed by section 72(t) on that distribution.               
               D.  Notice of Deficiency                                               
               In the notice of deficiency, respondent determined that                
          petitioners are not entitled to a deduction for taxes paid of               
          $12,209.  Respondent further determined that petitioners paid               
          qualified higher education expenses of $11,580, which amount                
          reduces the portion of the early distribution that is subject to            
          the early withdrawal tax.  Respondent thus determined that                  


               3  The settlement statement indicated that petitioners paid            
          an excise tax of $12,068.  Petitioners, however, claimed a                  
          deduction for the excise tax in the amount of $12,209.  This                
          discrepancy is unexplained in the record.                                   





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