-7- exception to this rule. Section 72(t)(2)(E), added to the Code by the Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 203(a), 111 Stat. 809, provides: (E) Distributions from individual retirement plans for higher education expenses.--Distributions to an individual from an individual retirement plan to the extent such distributions do not exceed the qualified higher education expenses (as defined in paragraph (7)) of the taxpayer for the taxable year. * * * Petitioner has the burden of proving the applicability of section 72(t)(2)(E). See Matthews v. Commissioner, 92 T.C. 351, 361-362 (1989), affd. 907 F.2d 1173 (D.C. Cir. 1990). Given respondent’s concessions, we concern ourselves only with the question of whether the distributions not used for petitioner’s qualified higher education expenses for 2001 fall within the exception of section 72(t)(2)(E). According to petitioner, all of her distributions (inclusive of the disputed distributions) are within the exception because her total distributions were less than her total qualified higher education expenses. Respondent argues that none of the disputed distributions fall within the exception. As respondent sees it, a literal reading of section 72(t)(2)(E) requires that the distributions and qualified higher education expenses be in the same year. We agree with respondent. Because the statute is not unescapably ambiguous, we construe it according to its plain meaning. Allen v. Commissioner, 118 T.C. 1, 7 (2002). SectionPage: Previous 1 2 3 4 5 6 7 8 Next
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