- 4 - On their joint Federal income tax return for 2001, petitioners reported as gross income the $83,881 retirement distribution. Petitioners included with their 2001 tax return Form 5329, Additional Taxes on Qualified Plans (Including IRAs), and Other Tax-Favored Accounts, on which they listed the $83,881 retirement plan distribution but elected on Form 5329 that the distribution was not subject to the early withdrawal tax under section 72(t). Respondent, in the notice of deficiency, determined that the $83,881 early distribution was subject to the additional tax under section 72(t) and determined a deficiency of $8,388. Section 72(t) imposes a 10-percent additional tax on early distributions from a qualified retirement plan. Paragraph (1) provides in relevant part: (1) Imposition of additional tax.–-If any taxpayer receives any amount from a qualified retirement plan (as defined in section 4974(c)), the taxpayer’s tax under this chapter for the taxable year in which such amount is received shall be increased by an amount equal to 10 percent of the portion of such amount which is includable in gross income. The 10-percent additional tax, however, does not apply to certain distributions. Section 72(t)(2) excepts distributions from the additional tax if the distributions are made: (1) To an employee age 59-1/2 or older; (2) to a beneficiary (or to the estate of the employee) on or after the death of the employee;Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011