- 5 - distributions under section 72(t). Plotkin v. Commissioner, T.C. Memo. 2001-71. The additional tax imposed by section 72(t) does not apply to certain distributions from qualified retirement plans. For example and most common, distributions that are made on or after the date on which the taxpayer attains the age of 59 � are not subject to the additional tax. Sec. 72(t)(2)(A)(i). Petitioner did not attain the age of 59 � as of the close of 2000, and she does not claim that she did. Instead, she argues that section 72(t) is not applicable to the distribution because she was disabled at the time. She further suggests that the section 72(t) additional tax should not be imposed because she was prohibited from making loan repayments to her retirement plan by the terms of her bankruptcy plan. Among other exceptions, none of which applies here, section 72(t)(2)(A)(iii) provides an exception for distributions “attributable to the employee’s being disabled within the meaning of subsection (m)(7)”. Section 72(m)(7) defines the term “disabled” as follows: (7) Meaning of disabled.--For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011