- 2 - is not reviewable by any other court, and this opinion should not be cited as authority. Respondent determined a deficiency in petitioners’ Federal income tax for the taxable year 2002 of $986. Hereinafter references to petitioners individually are to Mr. Olup or Mrs. Olup. The sole issue for decision is whether petitioners are liable, under section 72(t), for the 10-percent additional tax on an early distribution from Mr. Olup’s individual retirement account (IRA). We hold that they are. Background Some of the facts have been stipulated, and they are so found. We incorporate by reference the parties’ stipulation of facts and accompanying exhibits. At the time that the petition was filed, petitioners resided in Monongahela, Pennsylvania. In April 1995, Mr. Olup purchased a townhouse in Cecil Township, Pennsylvania. The townhouse was Mr. Olup’s principal residence from April 1995 to April 2003. At all relevant times, Mr. Olup was the sole owner of this townhouse. Petitioners met in January 2000.2 At that time, Mrs. Olup had resided continuously with her parents in Monessen, 2 At that time, Mrs. Olup was 24 years old.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011