Thomas Richard White and Donna Estes White - Page 10

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          petitioners’ situation.  Rather, this Court has repeatedly held             
          that we are bound by the list of statutory exceptions set forth             
          in section 72(t)(2).  Arnold v. Commissioner, 111 T.C. 250, 255             
          (1998); Schoof v. Commissioner, 110 T.C. 1, 11 (1998); Clark v.             
          Commissioner, 101 T.C. 215, 224-225 (1993); Swihart v.                      
          Commissioner, T.C. Memo. 1998-407.  Although the Court is                   
          sympathetic to petitioners’ position, we are constrained to                 
          sustain respondent’s determination on this issue. Reviewed and              
          adopted as the report of the Small Tax Case Division.                       
               To reflect our disposition of the disputed issue, as well as           
          petitioners’ concession, see supra note 2,                                  


                                             Decision will be entered                 
                                        for respondent.                               






















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