- 4 - not meet any of the exceptions enumerated within section 72(t), other than his contention that the distribution was used to pay for education expenses. On August 27, 2004, the Court issued an order denying respondent’s first motion for summary judgment. First, there was a discrepancy between the deficiency determination and petitioners’ return. If the deficiency had been based on a 10- percent additional tax on the $161,447 distribution, the deficiency should have been $16,144.70. Respondent, however, determined a $16,340 deficiency. In addition, the notice of deficiency contained the determination of an addition to tax under section 6651(a)(1) for failure to timely file their 1999 tax return. However, the notice of deficiency and the first motion for summary judgment alleged different due dates for the 1999 return. Accordingly, we held that respondent failed to show that there was no issue of a material fact. On March 10, 2005, respondent filed a second motion for summary judgment, which is now before the Court. For purposes of that motion, respondent concedes that the amount of the deficiency should be $16,144.70 and that there should be no addition to tax for failure to file. In the motion, respondent provided several reasons as to why the distribution could not have been for higher education expenses. On April 15, 2005, Mr.Page: Previous 1 2 3 4 5 6 7 8 Next
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