Richard L. and Stephanie S. Barbee - Page 3

                                        - 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