- 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. SectionPage: 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