- 4 - Discussion Section 72(t)(1) generally imposes a 10-percent additional tax on premature distributions from “a qualified retirement plan (as defined in section 4974(c))”, unless the distributions come within one of the statutory exceptions under section 72(t)(2). The legislative purpose underlying the section 72(t) tax is that “‘premature distributions from IRAs frustrate the intention of saving for retirement, and section 72(t) discourages this from happening.’” Arnold v. Commissioner, 111 T.C. 250, 255 (1998) (quoting Dwyer v. Commissioner, 106 T.C. 337, 340 (1996)); S. Rept. 93-383, at 134 (1974), 1974-3 C.B. (Supp.) 80, 213. Section 72(t)(2)(A)(iii) provides an exception for distributions “attributable to the employee’s being disabled within the meaning of subsection (m)(7)”. Section 72(m)(7) provides: (7) Meaning of disabled.-- For purposes of this section, an individual shall be considered to be disabled if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration. An individual shall not be considered to be disabled unless he furnishes proof of the existence thereof in such form and manner as the Secretary may require. The determination of whether a taxpayer is disabled is made with reference to all the facts of the case. Sec. 1.72- 17A(f)(2), Income Tax Regs. The regulations also set forth general considerations upon which a determination of disabilityPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011