- 3 - Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., issued by the Employees Retirement System of Texas, petitioners reported the $13,817.18 as income. In the notice of deficiency, respondent determined that petitioners are liable for the section 72(t) additional tax. In the explanation of adjustments accompanying the notice of deficiency, the determination is explained as follows: A. Tax on Premature Distribution It is determined that you received a distribution from a retirement plan in the amount of $13,817.00, before age 59- 1/2, which is subject to a 10% early withdrawal tax. The distribution does not meet an exception to the early withdrawal tax. Although you used the funds for higher education expenses, the distribution was not made from an individual retirement account. Accordingly, your tax is increased $1,382.00. Petitioners contend that, because the withdrawn amounts were used exclusively for higher education expenses, they are not subject to the section 72(t) additional tax. Respondent agrees that the withdrawn proceeds were used exclusively for higher education expenses within the intent and meaning of section 72(t)(2)(E); however, respondent argues that the Employees Retirement System of Texas is not in the category of qualified plans to which the provisions of section 72(t)(2)(E) are applicable. Petitioners argue that they consulted various employees of the Internal Revenue Service and were advised thatPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011