Arthur F. Millard - Page 8

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          instant case, the record reveals that no exception to the 10-               
          percent additional tax applies with respect to the distribution             
          of $10,841.06, and petitioner does not contend otherwise.                   
          Consequently, we find that the 10-percent additional tax applies            
          to the distribution in issue.                                               
               To reflect the foregoing,                                              

                                             Decision will be entered for             
                                        respondent.                                   







               5(...continued)                                                        
                              of the employee,                                        
                                   (iii) attributable to the employee’s               
                              being disabled within the meaning of                    
                              subsection (m)(7),                                      
                                   (iv) part of a series of substantially             
                              equal periodic payments (not less frequently            
                              than annually) made for the life (or life               
                              expectancy) of the employee or the joint                
                              lives (or joint life expectancies) of such              
                              employee and his designated beneficiary,                
                                   (v) made to an employee after separation           
                              from service after attainment of age 55,                
                                   (vi) dividends paid with respect to                
                              stock of a corporation which are described in           
                              section 404(k), or                                      
                                   (vii) made on account of a levy under              
                              section 6331 on the qualified retirement                
                              plan.                                                   




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