- 13 - 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. “ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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