- 6 -
This principle has been applied consistently in cases dealing
with premature retirement distributions. See Arnold v.
Commissioner, supra at 255; Milner v. Commissioner, T.C. Memo.
2004-111. Thus, the retirement distributions received by
petitioner are subject to the 10-percent additional tax under
section 72(t).
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,
Decision will be
entered for respondent.
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Last modified: May 25, 2011