Kurt Steven and Juanita Fay Urban - Page 14

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          distribution is attributable to the tax consequences associated             
          with such withdrawal) is not addressed by any of the express                
          statutory exceptions to the early withdrawal tax.  Further, there           
          is nothing in the legislative history of section 72(t) nor in the           
          case law to support an exception for the portion of an early                
          distribution used to pay for the tax effect of a distribution               
          taken for qualified higher education expenses.                              
               The Tax Court is a court of limited jurisdiction and lacks             
          general equitable powers.  Commissioner v. McCoy, 484 U.S. 3, 7             
          (1987); Hays Corp. v. Commissioner, 40 T.C. 436, 442-443 (1963),            
          affd. 331 F.2d 422 (7th Cir. 1964).  Consequently, our                      
          jurisdiction to grant equitable relief is limited.  Woods v.                
          Commissioner, 92 T.C. 776, 784-787 (1989); Estate of Rosenberg v.           
          Commissioner, 73 T.C. 1014, 1017-1018 (1980).  Although we                  
          acknowledge that petitioners used the IRA distribution for                  
          laudable purposes, absent some constitutional defect we are                 
          constrained to apply the law as written, see Estate of Cowser v.            
          Commissioner, 736 F.2d 1168, 1171-1174 (7th Cir. 1984), affg. 80            
          T.C. 783, 787-788 (1983), and we may not rewrite the law because            
          we may “‘deem its effects susceptible of improvement’”,                     
          Commissioner v. Lundy, 516 U.S. 235, 252 (1996) (quoting                    
          Badaracco v. Commissioner, 464 U.S. 386, 398 (1984)).                       
          Accordingly, petitioners’ appeal for relief must, in this                   
          instance, be addressed to their elected representatives.  “The              






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