Samuel A. Cole - Page 16

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          ownership interest in a principal residence during the 2-year               
          period ending on the date of acquisition of the principal                   
          residence.  Sec. 72(t)(8)(D)(i).  The date of acquisition is the            
          date into which a binding contract was entered or when                      
          construction or reconstruction of such a residence was commenced.           
          Sec. 72(t)(8)(D)(iii).                                                      
               Petitioner purchased his home in 1999 and refinanced it in             
          2001.  Petitioner had a present ownership interest in his home              
          during the 2-year period prior to 2001.  Petitioner did not                 
          acquire, construct, or reconstruct a home in 2001.  Therefore,              
          this exception does not apply to petitioner.                                
               Thus, the IRA distribution received by petitioner is subject           
          to the 10-percent additional tax under section 72(t).                       
          Interest Income                                                             
               Gross income means all income from whatever source derived.            
          Sec. 61(a).  Under section 61(a)(4), interest is includable in              
          gross income.                                                               
               Petitioner does not dispute that he received $17 of interest           
          income in 2001.  Petitioner did not report any amounts received             
          from the Virginia Department of Taxation on his 2001 Federal                
          income tax return and, therefore, is liable for the deficiency              
          caused by his failure to report the interest.                               









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