Jerome P. and Rhonda A. Reimann - Page 11

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          liability.  See sec. 1.6664-4(b)(1), Income Tax Regs.  An honest            
          misunderstanding of fact or law that is reasonable in light of              
          the experience, knowledge, and education of the taxpayer may                
          indicate reasonable cause and good faith.  Remy v. Commissioner,            
          T.C. Memo. 1997-72.                                                         
               Petitioners made an insufficient effort to determine their             
          proper tax liability for 2000.  The instructions for the Form               
          5329 clearly did not provide for an exception from the section              
          72(t) additional tax on the distributions to petitioner.                    
          Petitioners merely crafted an additional exception to accommodate           
          their situation.  There is no evidence in the record to show that           
          they solicited the assistance of a tax professional regarding               
          their liability for the section 72(t) additional tax on the                 
          qualified plan distributions.  The Court sustains respondent on             
          this issue.                                                                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                             Decision will be entered                 
                                        for respondent.                               













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