- 15 - determination that petitioner is not entitled to rental expense deductions in excess of those respondent allowed. 4. Roth IRA Distribution A distribution from a Roth IRA is not includable in the owner's gross income if it is a qualified distribution or to the extent that it is a return of the owner's contributions to the Roth IRA. Sec. 408A(d)(1); sec. 1.408A-6, Q&A-1(b), Income Tax Regs. Distributions from a Roth IRA that are made within 5 years after an individual made the first contribution to that Roth IRA are not qualified distributions. Sec. 408A(d)(2)(B). Petitioner had withdrawn all funds from her Roth IRA by September 21, 1999. Because this distribution occurred less than 5 years after she opened the account, it is not a qualified distribution. Thus, the $171 that exceeds petitioner’s $2,000 contribution is includable in her income. See sec. 1.408A-6, Q&A-4, Income Tax Regs. Respondent is sustained on this issue. 5. Addition to Tax for Failure To File a Tax Return Under section 7491(c), the Commissioner has the burden of production in any court proceeding with respect to the liability of any individual for any penalty or addition to tax. Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001). In order to meet his burden of production, the Commissioner must come forward with sufficient evidence indicating that it is appropriate to impose the addition to tax for failure to file in the particular case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011