Francis N. and Patricia A. Leonard - Page 9

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          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 Tax             





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