- 4 - Discussion4 A. Tax Treatment of Early IRA Distributions Section 408(d)(1) provides that any amount paid or distributed out of an individual retirement plan shall be included in gross income by the distributee in the year of distribution in the manner provided under section 72. An IRA is included in the definition of an individual retirement plan. Sec. 7701(a)(37). Petitioners properly reported the entire $25,000 distribution from their IRA as income on their 2001 return. Section 72(t)(1) imposes an additional 10-percent tax on that portion of a distribution from a qualified retirement plan that is includable in the taxpayer’s gross income, unless the distribution satisfies an exception found under section 72(t)(2). An IRA is a qualified retirement plan for purposes of the additional 10-percent tax. Secs. 72(t)(1), 4974(c)(4). The additional tax does not apply to distributions from an IRA used to pay for qualified higher education expenses. Sec. 72(t)(2)(E). Petitioners do not argue that any other exception 4 Sec. 7491(a), concerning burden of proof, has no bearing on this case. The issue with respect to the computer, housewares, appliances, furniture, and bedding expenses is primarily one of law. Regarding the book expense, sec. 7491(a) is not applicable because petitioners have not satisfied the substantiation requirement. Sec. 7491(a)(2)(A).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011