Jerome P. and Rhonda A. Reimann - Page 7

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          relieved of the section 72(t) additional tax and argue that the             
          availability of that relief is provided and allowed on Form 5329            
          and the specific instructions for that form.  In particular,                
          petitioners point to the instructions for line 2 of Form 5329.              
          Those instructions, in addition to describing the exceptions that           
          are expressly provided in section 72(t)(2), also include another            
          category described as "other", which is explained as number 11 in           
          the instructions for Form 5329.  The "other" situations in which            
          the additional tax does not apply are described in the                      
          instructions as:  (1) Distributions that are incorrectly labeled            
          as an early distribution; (2) distributions from an employer plan           
          as to an employee's separation from service prior to March 1,               
          1986; (3) distributions that are dividends from stock described             
          in section 404(k); and (4) distributions from certain annuity               
          contracts.  It is very clear that the distributions to petitioner           
          in this case do not fit under any of these categories.  Financial           
          hardship is not described as an exemption from the tax on an                
          early distribution.  Petitioners, however, argue on brief:                  

               In fact, the Service has responded to the growing list of              
               exemptions identified under Form 5329.  Form 5329                      
               specifically lists eleven (11) such exemptions with number             
               11 listed simply as "other".  Petitioner had duly asserted             
               his exemption as number 11 on the form submitted.                      
               Certainly, the dire financial situation of being unemployed            
               leading the petitioners to file bankruptcy in this case can            
               be considered as great an economic hardship as a minimal               
               standard compared to the examples listed above.  At the very           
               least, the Service had the duty to respond to petitioner's             





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