Samuel A. Cole - Page 15

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          hands on those records”.  Because petitioner did not produce any            
          records or other evidence showing medical expenses incurred in              
          2001 for himself or his dependent, he has not shown that the                
          exception applies.                                                          
               Petitioner argues that he falls within the exception for               
          distributions made to unemployed individuals for health insurance           
          premiums under section 72(t)(2)(D) because he was unemployed for            
          12 weeks during 2001 and “solicited for individual health                   
          insurance and was quoted health insurance premium [sic] over                
          * * * $400.00 per month for a family plan to include his spouse             
          and minor dependent child.”  However, petitioner has not produced           
          any evidence showing that he paid health insurance premiums                 
          during that time.  Therefore, this exception does not apply to              
          petitioner.                                                                 
               Finally, petitioner argues that he falls within the                    
          exception for distributions made for qualified first-time home              
          buyers under section 72(t)(2)(F).  “Qualified first-time                    
          homebuyer distribution” is any payment received by an individual            
          to the extent that the distribution is used by the individual               
          within 120 days to pay qualified acquisition costs with respect             
          to a principal residence of a first-time home buyer.  Sec.                  
          72(t)(8)(A).  Qualified acquisition costs are costs of acquiring,           
          constructing, or reconstructing a residence.  Sec. 72(t)(8)(C).             
          A first-time home buyer is an individual who had no present                 






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