- 2 - petitioner is liable for the 10-percent additional tax under section 72(t) for an early distribution from a qualified retirement plan. Some of the facts were stipulated. Those facts and the accompanying exhibits are so found and are incorporated herein by reference. Petitioner’s legal residence at the time the petition was filed was Casco Township, Michigan. Petitioner was employed as a schoolteacher by the Fraser Public School System (the school system). The school system maintained a pension plan for its employees (including petitioner), which qualified, as stipulated by the parties, as a section 403(b) plan. During the year 2002, petitioner, as an employee and a participant in the pension plan, withdrew $67,552.64 from the plan, the proceeds of which were to fund her daughter’s higher education expenses. On her Federal income tax return for 2002, petitioner reported the entire amount of the pension plan withdrawal as income; however, petitioner failed to report a liability for the 10-percent section 72(t) additional tax for an early withdrawal from a qualified pension plan. In the administrative review or audit of petitioner’s tax return, the IRS agreed that $37,112.64 of the $67,552.64 withdrawn from the pension plan was appropriately expended for the qualified higher educationPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011