Vincent A. Suarez, Jr. and Esther Suarez - Page 3

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               Respondent determined a deficiency of $3,359 in petitioners’           
          Federal income tax for 2001.  The sole issue for decision is                
          whether petitioners are liable under section 72(t) for the 10-              
          percent additional tax on an early distribution from a qualified            
          retirement plan.                                                            
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated by this reference.  Petitioners resided in Sierra              
          Vista, Arizona, at the time the petition was filed.                         
               Petitioners, Victor A. and Esther Suarez, are husband and              
          wife.  During the year in issue (2001), they were homeowners of             
          property at 4934 Raffaele Drive, in Sierra Vista, Arizona. In               
          2001, Victor A. Suarez (hereinafter petitioner) withdrew $33,5901           
          from his Individual Retirement Account (IRA).  He received the              
          IRA distribution from National Financial Services, LLC.  The                
          funds from the IRA were used for a downpayment and the rebuilding           
          costs of a house petitioners purchased from the Department of               
          Veterans Affairs in 2001.                                                   
               Petitioners timely filed a Form 1040, U.S. Individual Income           
          Tax Return, for 2001.  On their 2001 return, petitioners included           
          in gross income a distribution from petitioner’s IRA account in             


               1 On petitioners’ Federal income tax return for 2001 the               
          amount of distribution from the IRA was listed as $33,590.54.               
          The stipulation of facts rounded the amount down to $33,590.                




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