Thomas Richard White and Donna Estes White - Page 9

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          under section 72(t) on early distributions.  See Plotkin v.                 
          Commissioner, supra.                                                        
               The additional tax under section 72(t) does not apply to               
          certain distributions from qualified retirement plans.  For                 
          example, the additional tax does not apply to distributions that            
          are made on or after the date on which the employee attains the             
          age of 59�, that are made to a beneficiary on or after the death            
          of the employee, that are attributable to the employee’s being              
          disabled, or that are made to an employee after separation from             
          service after attainment of age 55.  See sec. 72(t)(2).5                    
          Petitioners do not contend that any of the statutory exceptions             
          apply to their case.  Rather, they contend that the additional              
          tax should not be imposed because they were precluded from making           
          loan repayments to Mr. White’s 401(k) plan by virtue of the                 
          chapter 13 bankruptcy plan.                                                 
               The short answer to petitioners’ contention is that there is           
          no specific exception under section 72(t)(2) that addresses                 

               5  See also sec. 72(t)(2)(E), which excepts from the                   
          additional tax, under sec. 72(t), certain distributions for                 
          higher education expenses.  However, the exception does not apply           
          to distributions from all qualified retirement plans but rather             
          only to distributions from “individual retirement plans”, i.e.,             
          individual retirement accounts and individual retirement                    
          annuities (IRAs).  See secs. 7701(a)(37), sec. 4974(c)(4) and               
          (5); see also Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.             
          203(a), 111 Stat. 788, 809; H. Rept. 105-148 at 288-289 (1997),             
          1997-4 C.B. (Vol. 1) 319, 610-611.  Because the deemed                      
          distribution in this case came from Mr. White’s 401(k) account,             
          which is not an IRA plan, the exception set forth in sec.                   
          72(t)(2)(E) does not apply.                                                 





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