-6- On January 8, 2001, petitioner withdrew $15,000 from her IRA. Approximately 5 months later, she withdrew another $5,000 from her IRA. She used $7,937 of the $20,000 ($15,000 + $5,000) to pay her qualified higher education expenses incurred in 2001. She also used part of the $20,000 to pay down her credit card debts consisting, in part, of her qualified higher education expenses that were charged to those cards before December 31, 2000. Petitioners reported the $20,000 as gross income on their 2001 Federal income tax return, but they did not report or pay any additional tax under section 72(t)(1) with respect thereto. Respondent determined in the notice of deficiency that the $20,000 was subject to that additional tax. Respondent has since conceded that $7,937 of the distributions is not subject to the additional tax under section 72(t)(1) by virtue of section 72(t)(2)(E) and of the fact that petitioner used those funds during 2001 to pay $7,937 of her qualified higher education expenses for 2001. OPINION Respondent determined that the distributions made to petitioner out of her IRA were subject to the 10-percent additional tax of section 72(t)(1). As relevant here, section 72(t)(1) imposes that tax on an early distribution from an IRA. See also secs. 408(a), 4974(c)(4). Section 72(t)(2)(E) is anPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011