Karol Z. Widemon - Page 15

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          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               Petitioner had withdrawn all funds from her Roth IRA by                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.             






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