- 2 - be entered is not reviewable by any other court, and this opinion should not be cited as authority. Respondent determined a deficiency in petitioners’ Federal income tax for the taxable year 2001 in the amount of $1,671. After a concession by petitioners,2 the issues for decision are as follows: (1) Whether the unpaid balance on a loan obtained by petitioner Thomas Richard White (Mr. White) from his 401(k) plan constitutes a taxable distribution under section 72(p). We hold that it does. (2) Whether petitioners are liable for the 10-percent additional tax under section 72(t) by virtue of such distribution. We hold that they are. Background Some of the facts have been stipulated, and they are so found. At the time that the petition was filed, petitioners resided in St. Joseph, Tennessee. For a number of years, Mr. White was employed by Graphic Packaging Corp. of Lawrenceburg, Tennessee (Graphic Packaging). As an employee of Graphic Packaging, Mr. White maintained a 401(k) account, which was administered by Fidelity Investments. 2 Petitioners concede that they neglected to report interest income in the amount of $36 that they received from Employee Resources Credit Union.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011