Laura D. Seidel - Page 25

                                       - 25 -                                         
          an alternate payee pursuant to a qualified domestic relations               
          order”.                                                                     
               In the present situation, the QDRO, issued in connection               
          with Mr. Seidel’s CWSC 401(k) plan, designated petitioner as the            
          alternate payee of $51,497 of the distribution as we have found.            
          Therefore, petitioner is not liable for the 10-percent additional           
          tax pursuant to section 72(t) with respect to the portion of the            
          $77,000 distribution from Mr. Seidel’s CWSC 401(k) plan that is             
          includable in her gross income as the alternate payee.  Sec.                
          72(t)(2)(C).                                                                
               However, petitioner concedes that she received a taxable               
          distribution from her 401(k) plan held by Putnam Investments for            
          taxable year 1999 in the amount of $10,412.  Petitioner also                
          testified that she was “nearing [her] 40th birthday” in the                 
          taxable year 1999.  Therefore, the distribution from petitioner’s           
          401(k) plan is considered “early” and subject to the 10-percent             
          additional tax, unless one of the enumerated statutory exceptions           
          applied.  Petitioner put forth no arguments that an exception               
          applied to such distribution; thus the distribution of $10,412              
          from Putnam Investments is subject to the 10-percent additional             
          tax under section 72(t).                                                    
          4.  Mortgage Interest Deduction                                             
               Section 163(a) allows a deduction for all interest paid or             
          accrued within the taxable year on indebtedness.  Section                   






Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011