- 4 - individual to the extent such payment or distribution is used by the individual to pay qualified acquisition costs with respect to a principal residence of a first-time home buyer who is such individual. Sec. 72(t)(8)(A).2 A first-time home buyer, in relevant part, means any individual if such individual (and if married, such individual’s spouse) had no present ownership interest in a principal residence during the 2-year period ending on the date of acquisition of the principal residence. Sec. 72(t)(8)(D)(i)(I). Petitioners cannot avail themselves of the first-time home buyer exception. While the record is not entirely clear, the parties stipulated that “During 2001, petitioners were existing homeowners residing at 4934 Raffaele Drive, Sierra Vista, Arizona”. There was no argument put forth by petitioners that this was not their principal residence. Based on this record, we conclude that petitioner’s IRA distribution does not come within the provisions of section 72(t)(2)(F). Petitioners argue that the withdrawal did not cause the Government harm because they have other retirement accounts, and that petitioners will not be a burden to the Government when they 2 There is a lifetime limitation of $10,000 pursuant to sec. 72(t)(8)(B).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011