- 5 - $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showed education costs of $25,100) and in order to obtain after tax dollars of more than $20,000, $30,000 had to be withdrawn.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011