- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011