Christine L. Gibbons - Page 3

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          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          of the $67,552.64 withdrawn from the pension plan was                       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 education                   





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