Kurt Steven and Juanita Fay Urban - Page 6

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          $18,420 of petitioners’ early distribution is subject to the 10-            
          percent additional tax, and, therefore, that petitioners are                
          liable for such additional tax in the amount of $1,842.4                    
               E.  Petition                                                           
               Petitioners timely filed a petition with the Court disputing           
          the determined deficiency.  Paragraph 4 of the petition states as           
          follows:                                                                    
               TWO ADJUSTMENTS ARE IN DISPUTE:                                        
               1)  $12,209 Real Estate Excise Tax-Washington State                    
               excise tax paid under Chapter 82.45RCW-Chapter 458-                    
               61WAC is a recognized tax we paid in 1998 and should be                
               deductible as an itemized deduction.  This tax is a                    
               real estate tax assessed uniformly in Washington State                 
               and used for State, community and or governmental                      
               purposes.                                                              
               2)  The early IRA withdrawal penalty should not be                     
               assessed because we had hardship education expenses in                 
               excess of $20,000 (our calculation showed education                    
               costs of $25,100) and in order to obtain after tax                     
               dollars of more than $20,000, $30,000 had to be                        
               withdrawn.  Full federal taxes were paid on the                        
               withdrawal, however I believe no penalty should be                     
               charged on any portion of the withdrawal.                              
          Discussion                                                                  
               We decide the issues in this case without regard to the                
          burden of proof because the facts are not in dispute and the                
          issues are legal in nature.  See generally sec. 7491(a); Rule               
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); New                   



               4  The parties stipulated, however, that petitioners paid              
          and incurred qualified higher education expenses of $15,716.                
          Therefore, only $14,284 of petitioners’ early distribution is at            
          issue.                                                                      





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