Malia Kristy Ambata - Page 5

                                        - 4 -                                         
          in 2003 and 2004 should be used to reduce the amount of the                 
          distribution subject to the 10-percent additional tax in 2002.              
               Under the express language of the statute, the qualified               
          higher education expenses must be incurred by the taxpayer in the           
          taxable year of the distribution.  Sec. 72(t)(2)(E); Beckert v.             
          Commissioner, T.C. Memo. 2005-162.  We have found no exception to           
          this requirement.  Accordingly, petitioner’s higher education               
          expenses incurred in 2003 and 2004 cannot be applied to reduce              
          the amount of the distribution in 2002 subject to the 10-percent            
          additional tax.                                                             
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for respondent.                          























Page:  Previous  1  2  3  4  5  

Last modified: May 25, 2011