- 2 - petitioners are liable for the 10-percent additional tax under section 72(t) for an early distribution from a qualified retirement plan. Some of the facts were stipulated. Those facts and the accompanying exhibits are so found and are incorporated herein by reference. Petitioners’ legal residence at the time the petition was filed was McKinney, Texas. Stephanie S. Barbee (petitioner) was employed for 7 years by the Texas Workforce Commission, formerly the Texas Employment Commission, as an employment interviewer. Her agency dealt with unemployment insurance benefits. Petitioner, as a State employee, was a participant in the Employees Retirement System of Texas. During 1999, petitioner resigned from her employment. At the time she left her employment, she was not eligible to draw retirement benefits from the plan. She was, however, entitled to make withdrawals from the plan. Petitioner husband Richard L. Barbee, during the year at issue, was a full-time student at the University of North Texas at Denton, Texas. In order to defray Mr. Barbee’s educational expenses, petitioner withdrew $13,817.18 during 2000 from the Employees Retirement System of Texas, and used those moneys exclusively for payment of Mr. Barbee’s higher education expenses. On their Federal income tax return for 2000, pursuant to a Form 1099-R, Distributions From Pensions,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011