Christine L. Gibbons - Page 4

                                        - 3 -                                         

          expenses of petitioner’s daughter under section 72(t)(2)(E), and,           
          therefore, the section 72(t) addition to tax was not applicable             
          to that portion of the distribution.  The remainder of the                  
          pension plan distribution, or $30,440, was determined to be                 
          subject to the section 72(t) additional tax for the reason that             
          petitioner did not substantiate that this portion of the                    
          distribution was used for higher education expenses.                        
               At trial, respondent’s position was that no portion of the             
          $67,552.64 early distribution qualified for higher education                
          expenses for the reason that the pension plan of the school                 
          system was not in the category of qualified plans as to which the           
          provisions of section 72(t)(2)(E) are applicable.  The parties              
          stipulated, as noted above, that the school system plan was                 
          qualified under section 403(b).2                                            
               Section 72(t)(1) imposes an additional tax on distributions            
          from a “qualified retirement plan” equal to 10-percent of the               
          portion of such amount that is includable in gross income unless            
          the distribution comes within one of several statutory                      
          exceptions.  For purposes of the 10-percent additional tax, a               


               2Even though respondent’s position at trial was that no                
          portion of the $67,552.64 early withdrawal was subject to                   
          exclusion from the sec. 72(t) additional tax, counsel for                   
          respondent stated that respondent would not move to increase the            
          deficiency to apply the sec. 72(t) additional tax to the                    
          $37,112.64, which was allowed as a higher education expense prior           
          to issuance of the notice of deficiency.                                    




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011