T.C. Memo. 2005-162 UNITED STATES TAX COURT LINDA LOUISE LODDER-BECKERT AND TIMOTHY BECKERT, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 10752-04. Filed July 5, 2005. P stopped working in 1999 to attend college. At that time, P had $34,656.29 in a public employees retirement system (PERS) account. When she asked PERS to transfer that balance to an individual retirement account (IRA), she was advised that the Ohio General Assembly was actively pursuing legislation that would significantly increase the value of her PERS account. P deferred her transfer request and paid for her education with student loans and credit card debts. When the legislation was enacted in late 2000, P renewed her request for the transfer of the PERS balance (which on account of the legislation then totaled $81,513.38). PERS completed the transfer on or about Jan. 2, 2001. In 2001, P requested and received two distributions from her IRA. P used part of the distributed amounts to pay down her credit card debts which were incurred to pay qualified higher education expenses for 1999 and 2000. Held: Sec. 72(t)(2)(E), I.R.C., does not allow P to escape the additional tax of sec. 72(t)(1), I.R.C.,Page: 1 2 3 4 5 6 7 8 Next
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