Jerome P. and Rhonda A. Reimann - Page 8

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               Form 5329 submission and allow any differences of opinion to           
               be settled in a timely manner by a court of competent                  
               jurisdiction.                                                          

               Petitioners have selected this Court as the forum to decide            
          that question.  This Court's conclusion is that financial                   
          hardship is not a category or basis for an exception from the               
          section 72(t) additional tax on early retirement plan                       
          distributions.  Milner v. Commissioner, T.C. Memo. 2004-111;                
          Gallagher v. Commissioner, T.C. Memo. 2001-34 (and cases cited).            
          Petitioners have simply crafted an additional category of                   
          exception that is clearly beyond the intent and meaning of                  
          section 72(t)(2) and the instructions petitioners relied on.                
          Their argument fails.                                                       
               Petitioners also contend that respondent is precluded from             
          making an assessment against them for the section 72(t) penalty             
          because respondent never filed a proof of claim in their                    
          bankruptcy proceeding.  That argument is also rejected because,             
          whether or not a proof of claim was filed, a discharge in                   
          bankruptcy does not discharge an individual debtor from an                  
          obligation with respect to a return that was either not filed, or           
          a return that was due to be filed, less than 3 years before the             
          date of filing the bankruptcy petition.  In this case,                      
          petitioner's income tax return for the year 2000 was filed well             
          within the 3-year period prior to the filing of their bankruptcy            






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