- 6 - from qualified plans (used for higher education purposes) applies only as to early distributions from an individual retirement account or an individual retirement annuity, collectively referred to as IRAs, as described in section 408(a) or (b). The school system plan in which petitioner participated was not an IRA; therefore, the early withdrawals from that plan, even if used for higher education expenses, are not excluded from the section 72(t) additional tax.3 Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent. 3Because the Court holds that the withdrawal by petitioner, as a matter of law, was not subject to the exemption from the sec. 72(t) additional tax, the Court need not decide whether the evidence presented at trial established that the funds withdrawn from the pension plan were in fact used for higher educational expenses.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011