Linda Louise Lodder-Beckert and Timothy Beckert - Page 2

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               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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