Kurt Steven and Juanita Fay Urban - Page 12

                                       - 11 -                                         
               B.  Section 72(t) Additional Tax                                       
               The next issue is whether petitioners are liable for the 10-           
          percent additional tax under section 72(t).                                 
               Generally, a distribution from an IRA is includable in the             
          distributee’s gross income in the year of distribution under the            
          provisions of section 72.  Secs. 61(a)(9), 408(d)(1), (3); see              
          secs. 408(a), 4974(c)(4).  Such distributions made prior to a               
          taxpayer’s attaining the age of 59-1/2 that are includable in               
          income generally are subject to a 10-percent early withdrawal tax           
          unless an exception to the tax applies.  Sec. 72(t)(1).  As                 
          relevant herein, section 72(t)(2)(E) exempts distributions from             
          the early withdrawal tax to the extent such distributions do not            
          exceed a taxpayer’s qualified higher education expenses for the             
          taxable year.  See secs. 72(t)(2)(E), (7); 529(e)(3), (5).                  
               In the instant case, petitioners withdrew $30,000 from Mr.             
          Urban’s IRA.  Petitioners properly included this amount on the              
          Form 1040 as taxable income.  Although respondent initially                 
          determined that petitioners had qualified higher education                  
          expenses of $11,580, the parties stipulated that petitioners had            
          qualified higher education expenses of $15,716, thus reducing the           
          amount of the IRA distribution that is subject to the early                 
          withdrawal tax to $14,284.  Petitioners, however, did not include           
          on the Form 1040 the 10-percent early withdrawal tax on any                 
          portion of the IRA distribution.  Thus, the issue is whether                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011