- 2 - 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.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011