-2-
as to any part of the distributions used for her 1999
and 2000 expenses; to escape that tax, sec.
72(t)(2)(E), I.R.C., requires that qualified higher
education expenses be for the taxable year of the
distribution.
Linda Louise Lodder-Beckert and Timothy Beckert, pro sese.
Terry Serena, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
LARO, Judge: Petitioners petitioned the Court to
redetermine a $2,476.35 deficiency in their 2001 Federal income
tax and a related $929.84 late filing addition to tax under
section 6651(a)(1).1 The deficiency stems in part from
respondent’s determination that petitioners are liable for a
10-percent additional tax under section 72(t)(1) on $20,000 that
petitioner2 received in 2001 through two distributions from her
individual retirement account (IRA). The deficiency also is
attributable to respondent’s determination that petitioners were
not entitled to a $476.35 rate reduction credit.
Respondent concedes that petitioners are entitled to the
rate reduction credit and that they are not liable for the
1 Unless otherwise noted, section references are to the
applicable versions of the Internal Revenue Code, and Rule
references are to the Tax Court Rules of Practice and Procedure.
2 When used in the singular, the term “petitioner” refers to
Linda Louise Lodder-Beckert.
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