Nader Ghazitehrani and Farzaneh Zamanizadeh - Page 3

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          Revenue Code in effect for the year in issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            
               Respondent determined a deficiency of $2,338 in petitioners’           
          2002 Federal income tax.  The issue for decision is whether a               
          distribution from a qualified retirement plan is subject to the             
          10-percent additional tax under section 72(t).                              
                                     Background                                       
               Some of the facts have been stipulated, and they are so                
          found.  The stipulation of facts and the attached exhibits are              
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioners resided in Vancouver, Washington.  Unless            
          otherwise indicated, all references to petitioner are to Mr.                
          Ghazitehrani.                                                               
               Beginning in 1988, petitioner worked as an engineer for the            
          Boeing Company (Boeing).  Boeing maintained a section 401(k)                
          retirement plan to which petitioner contributed.  In or about               
          1999, petitioner borrowed approximately $32,000 from the                    
          retirement plan.                                                            
               Petitioner was terminated from Boeing in 2002, when he was             
          approximately 53 years old.  At that time, the unpaid balance of            
          the loan from the retirement plan was $23,378.  Petitioners                 
          reported that amount as a taxable distribution on their joint               
          2002 Federal income tax return but did not report a 10-percent              







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