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