Samuel A. Cole - Page 14

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               The 10-percent additional tax, however, does not apply to              
          certain distributions.  Section 72(t)(2) sets forth specific                
          exceptions.  Those exceptions include, but are not limited to,              
          distributions made on or after the date on which the employee               
          attains age 59-1/2; distributions made to the employee to the               
          extent such distributions do not exceed amounts paid for medical            
          care; distributions to unemployed individuals for health                    
          insurance premiums; and distributions from certain plans for                
          first home purchases.  Sec. 72(t)(2)(A)(i), 72(t)(2)(A)(v),                 
          72(t)(2)(B), 72(t)(2)(D), 72(t)(2)(F).                                      
               Petitioner seeks relief from the 10-percent additional tax             
          on his IRA distribution based on hardship, medical expenses,                
          payment of health insurance premiums, and a first home purchase.            
          There is no exception under section 72(t) for financial hardship.           
          See Arnold v. Commissioner, 111 T.C. 250, 255 (1998); Gallagher             
          v. Commissioner, T.C. Memo. 2001-34; Deal v. Commissioner, T.C.             
          Memo. 1999-352.                                                             
               Petitioner argues that he falls within the exception for               
          distributions made for medical expenses under section 72(t)(2)(B)           
          because he was responsible for the health expenses of his minor             
          dependent and spouse during his period of unemployment.  No                 
          medical expenses were claimed on petitioner’s Form 1040, and he             
          did not file jointly with his spouse.  Petitioner testified that,           
          though there were medical and dental expenses, he could not “lay            






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