Vincent A. Suarez, Jr. and Esther Suarez - Page 5

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          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).                                                                





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