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Conclusion
Petitioners’ additional claimed expenses are not qualified
higher education expenses for purposes of section 72(t)(2)(E).
Petitioners are therefore liable for the 10-percent additional
tax on the remaining $17,982.99 of their 2001 IRA early
distribution.
Reviewed and adopted as the report of the Small Tax Case
Division.
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011