- 8 - therefore the collapse of the deck was not a casualty within the meaning of section 165. Petitioners are not entitled to a casualty loss deduction. 2. Section 72(t) Section 72(t)(1) imposes an additional tax on early distributions from qualified retirement plans “equal to 10 percent of the portion of such amount which is includable in gross income.” Petitioners now concede that the entire amount of the distribution is includable in their 2000 income but take the position that the section 72(t) additional tax is not applicable because petitioner was disabled at the time the distribution was made. Among other exceptions, none of which apply here, section 72(t)(2)(A)(iii) provides an exception for distributions “attributable to the employee’s being disabled within the meaning of subsection (m)(7)”. Section 72(m)(7) defines the term “disabled” as follows: (7) Meaning of disabled.--For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require. The determination of whether a taxpayer is disabled is made on the basis of all the facts. Sec. 1.72-17A(f)(2), Income TaxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011