Jerome P. and Rhonda A. Reimann - Page 6

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          described in section 404(k); (7) to an employee for medical care;           
          or (8) to an alternate payee pursuant to a qualified domestic               
          relations order.                                                            
               Petitioners contend they do not owe the section 72(t)                  
          additional tax for three reasons:                                           
               (1) The distributions are not subject to the section 72(t)             
          additional tax because of their financial hardship;                         
               (2) The Internal Revenue Service, even though notice was               
          served of petitioners' bankruptcy proceeding, failed to file a              
          proof of claim in the bankruptcy proceeding; therefore, the                 
          additional tax was discharged; and                                          
               (3) Even if the additional tax was not discharged, following           
          their discharge, the bankruptcy proceeding was reopened to                  
          include in the bankruptcy estate a monetary judgment of $607,500            
          that petitioner recovered against a former employer, which, if              
          collected, would pay off all creditors.  Therefore, petitioners             
          contend, pending collection of this asset, respondent, as a                 
          creditor, is stayed from instituting collection action, including           
          the deficiency in this case.                                                
               With respect to petitioners' first contention, as noted                
          earlier, section 72(t)(2) excepts from the additional tax certain           
          categories of distributions.  Petitioners agree that none of                
          these categories apply to their fact situation.  Instead,                   
          petitioners contend that, because of financial hardship, they are           





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